Chartered Accountants Mumbai

 

CA Mitesh and Associates Chartered Accountants Mumbai

1001 Charkop, Mahavir Nagar, Kandivali West
Near Kandivali Railway Station
Mumbai, Maharashtra 400067

Phone: 9769760917

Email: mitesh@mnpartners.in

WhatsApp: Click Here

Is Crypto Tax Fair?

TLDR: Not really. If anything they should probably be taxed like forex trading.

The idea behind crypto currencies is that it's a non-government currency, not property. However the government in many countries view crypto currencies as property with associated capital gains implications. Essentially what happens is that if you save money in crypto, then want to buy goods (or other crypto) with that crypto, you are going to have to keep track of any gains, which can quickly become a nightmare.

In contrast, forex trading is also taxed, however profits are summed at the end of the year and any gains are just additional income added on top of whatever else you earned for the year. This limits the chance that you didn’t sell high and held through the tax year, only to have to pay sometimes 60-70% tax on your remaining portfolio during a bear market, as has been the case with many of our users.

But does the government care? Probably not. It is a common strategy for the government to heavily tax things it doesn’t like, and as competition to fiat currency, you can be sure they don’t like crypto. And so we join the ranks of tobacco, alcohol, and gambling taxes.

If you can’t ban it, tax it.

All content in this article is general information only and does not constitute financial, tax or legal advice. It is not intended to be used by anyone for the purpose of financial advice, legal advice, tax advice, tax avoidance, promoting, marketing or recommending to any other party any matter addressed herein. For tax, financial or legal advice please consult your own professional.

CA in Mumbai | Chartered Accountant in Mumbai | Tax Consultant | Tax Advisor | Borivali | Kandivali | Malad


Disclaimer: The content of this post is not to be considered to be professional or legal advice, We aren't responsible for any damages arising from your access to the location content & must not be relied on or used as a substitute for Financial or legal advice from a Professional in your jurisdiction. CA Mitesh and Associates is Mumbai's leading Cryptocurrency Taxation Firm which is committed to helping people navigate complex tax laws and banking regulations. Our main aim is to assist the individuals with applicable laws & regulations compliance and providing support at each & every level to make sure that they stay compliant and grow continuously. For any query, help or feedback you may get in touch here - Appointment with CA

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FAQ about Cryptocurrency Taxation

Below are few FAQ about Cryptocurrency Taxation. This post is based on CA or Chartered Accountants perspective on Cryptocurrency Taxation. For any other questions, please schedule an appointment

FREQUENTLY ASKED QUESTIONS

1) Is it legal to hold, trade or invest in cryptocurrencies in India?

There is no explicit ban on holding/trading/investing/dealing in cryptocurrencies.

The only prohibition in place is on banks, regulated by the RBI, from providing banking access/services to any individual or entity dealing in virtual currencies.

2) Do I have to pay tax on income or profits earned from cryptocurrencies?

Absolutely. It is essential to declare such income in the Income Tax returns and pay tax accordingly.

While investing or trading in cryptocurrencies is not illegal, any income earned thereof on which tax is not paid would be deemed as illegitimate wealth.

3) What is the rate of tax applicable to income from cryptocurrencies?

Depends upon the nature of activity undertaken with cryptocurrencies. The rate of tax would differ for investors vis-à-vis traders, miners or blockchain businesses.

4) What if I don’t pay tax?

The Indian Income Tax Department can obtain information on persons/entities holding cryptocurrencies from various sources.

In case a person/entity is found to have evaded taxes, severe penal provisions under the Income Tax Act would become enforceable.

5) Do I need to report cryptocurrencies held/traded outside India?

Yes.

In case you are an Indian Resident, all assets held outside India are required to be disclosed in the Income Tax return. Further, any income earned from such assets shall be chargeable to Income Tax in India. Failure to do so can invite severe penalties under the Black Money and Imposition of Tax Act, 2015.

6) How do I monitor all my transactions and track profits/gains?

We at CA Mitesh and Associates will help you maintain a consolidated and up-to-date record of all transactions and incomes earned from any Blockchain or cryptocurrency exchange.

7) How do I compute and report my Income Tax liability?

We at CA Mitesh and Associates will help you to comprehensively ascertains any and all tax liabilities, followed by assistance in completing and filing Income Tax Returns.

8) Can I receive an Income Tax notice?

Yes.

A notice may be served under several circumstances including non-reporting of income, shortfall in payment of tax or non-disclosure of foreign assets/holdings.

9) What happens when I receive an Income Tax notice?

The tax assessment notice shall need to be responded to via personal representation or a written submission.

We at CA Mitesh and Associates will handle end-to-end assessment procedures. All responsibilities of corresponding with the Income Tax Department are handled, ensuring least possible inconvenience to our clients.

10) How is crypto tax calculated?

You can be liable for both capital gains and income tax depending on the type of cryptocurrency transaction, and your invididual circumstances. For example, you might need to pay capital gains on profits from buying and selling cryptocurrency, or pay income tax on interest earned when holding crypto.

11) I lost money trading cryptocurrency. Do I still pay tax?

The way cryptocurrencies are taxed in most countries mean that investors might still need to pay tax, regardless of if they made an overall profit or loss. Depending on your circumstances, taxes are usually realised at the time of the transaction, and not on the overall position at the end of the financial year.

12) Which of your crypto activities are taxable?

Taxability doesn’t mean you will pay tax on every crypto engagement under the sun. These are the cryptocurrency trading and investment activities that require you to pay tax. These activities cut across almost all countries. 

- When you sell your cryptocurrency for fiat (USD, GBP, INR, AUD, JPY, EUR…)
- Exchanging your cryptocurrency for another cryptocurrency
- Using your crypto assets to pay for goods or services
- When you receive cryptocurrency as earnings (either through mining or as payment for services offered to a third party)

13) Which of your crypto activities are Non-taxable?

Not all cryptocurrency engagements attract taxes. Here are the activities you don't need to pay taxes on: 

- When you move your cryptocurrency from one wallet to another or between crypto exchanges. 
- Donating cryptocurrency to a non-taxable charity organization
- When you buy crypto with fiat 
- When you give cryptocurrency as a gift to a friend or family. 


Disclaimer: The content of this post is not to be considered to be professional or legal advice, We aren't responsible for any damages arising from your access to the location content & must not be relied on or used as a substitute for Financial or legal advice from a Professional in your jurisdiction. CA Mitesh and Associates is Mumbai's leading Cryptocurrency Taxation Firm which is committed to helping people navigate complex tax laws and banking regulations. Our main aim is to assist the individuals with applicable laws & regulations compliance and providing support at each & every level to make sure that they stay compliant and grow continuously. For any query, help or feedback you may get in touch here - Appointment with CA

Cryptocurrency Taxation CA in Mumbai | Cryptocurrency Taxation Chartered Accountant in Mumbai | Cryptocurrency Taxation Tax Consultant | Cryptocurrency Taxation Tax Advisor | Borivali | Kandivali | Malad
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FILE INCOME TAX RETURNS FOR YOUR BITCOIN PROFITS - 2021

Profited from Bitcoins or other Cryptocurrencies and not sure how to file your income tax returns? Did you know gains from bitcoin can be treated as capital gains or Forex trading gains and hence taxed? We are India’s leading tax filing portal to help you to file your returns to calculate your tax and finish filing income tax returns within 2 days.

Anyone who earns any income in Bitcoin needs to declare their income and pay taxes. That seems fair enough. But this is also where things start getting confusing for most people.

The fact is that, in the absence of any guidelines from CBDT, ICAI, RBI or the Income Tax Department, cryptocurrency investors from India are largely left to figure this out on our own. As an early adopter to crypto, I was perplexed with the subject of accounting my income in cryptocurrency from blogging and consulting. During my research into this subject, I’ve interviewed professional tax consultants and an income tax official.

The fact is that the IT Act does not stop you from earning or profiteering from investments in cryptocurrencies and allows you to declare your gains and pay taxes on it. Therefore, as per a professional tax consultant, the four most common and safe ways of filing your returns after declaring your income from cryptocurrencies are as follows:

Capital Gains

If you are a casual investor in Bitcoins, any profit resulting from the sale of your cryptocurrency is taxed as short-term capital gains as per your income tax slab rate. If your income exceeds Rs 10 lakh then there will be a 30 percent tax on the profits plus surcharge and cess.

Professional tax consultants seem to be favoring these parameters to consider Bitcoin as a store of value similar to a stock in a company as opposed to a mode of payment in order to make it easier to file returns for their respective clients.

In case of any long-term capital gains, the tax rate applicable is only 20 percent on your profits. The time period of the asset needs to be considered here while making an assessment and most auditors seem to be preferring to equate the time period of equity (minimum holding period of 2 years) to Bitcoins. You can also account for indexation to reduce your tax burden.

Business Income

If you are a Bitcoin trader with substantial and frequent transactions it could be considered as a business (trading) income. Here you can account for your profit and loss accordingly. CBDT in the past has issued a circular to distinguish when equity is held short-term as an investment versus a stock-in-trade.

Here, an applicable rate of income tax as per your income slab will apply. If your income exceeds 10 lakh rupees then the applicable tax rate is 30 percent plus surcharge and cess.

Professional Income

If you are a blogger, freelancer, or consultant earning in Bitcoins, you may be wondering how to file your taxes for income from any services rendered to clients in India or abroad.

For example. one of my client is a consultant paid in Bitcoin and also a professional blogger on Steemit.com. On Steemit, he earns in the cryptocurrency, ‘Steem’, which he then sells to purchase Bitcoin. Then, he uses an Indian Bitcoin exchange such as CoinSecure.in or Zebpay to sell Bitcoin for Indian rupees and cash out his earnings. This is fully transparent as all Indian exchanges adhere to KYC norms.

Here, an applicable rate of income tax as per his income slab will apply. If his income exceeds Rs 10 lakh then the applicable tax rate would be 30 percent plus surcharge and cess.

Income from Other Sources

What if you are mining Bitcoins? If you fall under this category of Bitcoin users then you are likely to be only selling and never purchasing any Bitcoins. This is somewhat similar to rendering services as a consultant and earning in Bitcoin with the only difference being that you are not a professional.

You will be taxed as per the Income-tax slabs and if your income exceeds 10 lakhs, then the applicable tax rate is 30 percent plus surcharge and cess.

It is wise to declare your income from Bitcoins in your annual tax returns and hire an excellent professional tax consultant to do your accounting if you plan on mining, earning, or investing regularly in Bitcoins.

WORLDWIDE CRYPTO LICENSING

Our lawful service includes helping the world’s leading blockchain and cryptocurrency ventures to enhance and retain adherence with securities law, representing investors and consumers in high personal and class action lawsuits, resolving disputes between clients and virtual currencies, helping peer-to-peer traders and exchanges comply with the Bank Secrecy Act and the State Money Transmitter Act.

LOOKING TO HELP YOU RESOLVE LEGAL CRYPTOCURRENCY CHALLENGES

There are a number of complicated difficulties with cryptocurrency. If you are a company owner or an investment firm who wants to invest in IEO, IDO, ICO, DeFi Project & STO or use digital currency as a medium of exchange, you must be aware of the various securities and commodities, money transfer, financial fraud, corporate and tax laws throughout every country.

We help our client base navigate and excelle in the blockchain industry. With a thorough knowledge of the market framework, we can share useful insights for entrepreneurs on the crucial integration of these innovations into their current and potential products and services. Offer, safeguard their corporate investment and schedule, and call for the changes needed to current blockchain legislation and regulations.

Our legal counsel is also well established for securing, managing, and implementing intellectual property privileges is one of the regions where blockchain really can stand out, endorsed by a well-extended adoption structure.

FILE INCOME TAX RETURNS FOR YOUR BITCOIN PROFITS - 2021| Cryptocurrency CA in Mumbai | Cryptocurrency Chartered Accountant in Mumbai | Cryptocurrency Tax Consultant | Cryptocurrency Tax Advisor | Borivali | Kandivali | Malad
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Bitcoin Taxation in India

  • Reserve Bank of India has requested its own controlled entities (such as banks) to avoid offering services to individuals or business entities engaged in cash cryptocurrencies (INRs) up and down routes. This restricts the purchase/selling of INR cryptocurrencies via banks. Despite all the weaknesses, India represents one of the largest nations in the world, taking into account the share of currency kept (though not actually traded), which is 44% of the world’s share. Given the uncertainty surrounding Bitcoin and the fairly developing state of its growth, one thing is for sure-Bitcoin will take time to be widely accepted as a currency or a medium of payment in India.
  • This will contribute to the usual reaction of this ex-change shifting base outside India, and the subsequent loss of big potential tax revenues. The handling of bitcoins would be perfect if the government were to legalize the trade of these currencies. Currencies should be viewed as current assets, and GST should be paid at the margins that bitcoin exchanges charge their users. This would ensure that currency trade is limited, as well as the addition of tax Income to the government of India.
  • In the Budget Speech of Finance Minister, Mr. Arun Jaitley, said in his 2018 budget, He said that “Blockchain technology or Distributed ledger system enables the Firms of any chain of records or transactions without the need for intermediaries. The Govt of India does not consider cryptocurrencies to be a coin or legal tender and will take all steps to eliminate the usage of such crypto assets in the funding of illegal activities or as part of the payment system.
  • The Centre Govt will possibly explore the use of blockchain technology to usher in the digital economy.” Further, the RBI has also chosen to reiterate its earlier message to ‘users, holders and traders of Virtual Currency (‘VCs’)/ CryptoCurrencies like bitcoins regarding financial, operational, legal, potentially global, consumer protection and security risks associated with dealing with such risks.
  • Although this article is aimed at addressing the taxability of Bitcoins only, the tax treatment of transactions with other cryptocurrencies will also be similar to that of cryptocurrencies /Bitcoins.

Global Bitcoin Situation

The bitcoin industry differs significantly from country to country.

  • The United States of America considers Bitcoin to be a commodity that can be a fixed asset or an inventory asset.
  • On the other hand, the UK considers it to be a ‘private currency.’
  • Australia has a case-by-case approach to Bitcoins, spanning from traded products to investment, with different care for related mining or exchange facilitation services.
  • Singapore considered Bitcoin to be a legal normal currency in its country,
  • Japan considered Bitcoin to be commodities.

What are the different situations/ Scenario of CryptoCurrencies taxed in India?

The theory of CryptoCurrencies being really new to the Indian economy, obviously, the government has not yet introduced the taxability of bitcoins into the books of the law. At the present time, the tax levy on bitcoins cannot be excluded out since the Indian income tax regime has always tried to tax income earned regardless of the form in how it is received.

The prospect of a tax on bitcoins can therefore be recognized in the following four situations:

Situation 1: Income from Bitcoin Mining

  • Bitcoins created by mining are self-generated capital assets. Later selling of such bitcoins will, in the normal course of business, give rise to capital gains. Even then, one should note that the acquisition cost of a bitcoin can not be calculated since it is a self-generated asset. Moreover, it does not fall within the meaning of the provisions of Section 55 of the Income Tax Act, 1961, which specifically addresses the cost of acquiring such self-generated assets.
  • The capital gains computation process is still not in operation following the judgment of the Supreme Court in the case of CIT v. B.C. Srinivasa Shetty (1981). The Hon’ble Supreme Court as well as various High Courts of the country had held that taxation on capital gain was not chargeable where the cost of acquisition was not ascertainable or nil. i.e No Gain in case of Nil cost of acquisition. Such issues were covered by various No of decisions Court of the country. Thus, No Capital Gain Tax will be levied on the mining of bitcoins.
  • This status will be preserved until such time as the government has decided to amend Section 55 of the Act. At this point in time, given that the Indian tax systems are completely silent on the taxability of bitcoins, we thought it right to elaborate on the possibly opposite view of the income tax authorities. There is a chance that bitcoins will not be considered by the government to be capital assets at all. Consequently, the provisions on capital gains will not occur at all. Consequently, the income tax authorities can choose whether to tax the value of bitcoins obtained from mining under the head “Income from other sources”

Situation 2: Bitcoins kept as a transfer of investment in exchange for real currency 

  • If bitcoins, which are capital assets, were retained as an investment and traded in exchange for actual cash, value appreciation will result in a long-term capital gain or short-term capital gain based on the holding duration of the bitcoin. In addition, long-term gains will be taxed at a flat rate of 20%, while short-term gains will be taxed at the individual slab rate. The purchase cost for the acquisition of long-term capital gains will be calculated after the indexation benefit has been awarded.
  • Understanding and appreciating the likely opposite point of view of the income tax authorities referred to in paragraph 1 above, the IT authorities do not consider Bitcoins as a capital asset and thus the capital gains provisions will not apply. The income tax authorities may therefore prefer to tax the earnings from bitcoins under the heading “Income from other sources.”
  • In addition, if the income is taxable under “Income from other sources,” the taxpayer will have to pay taxes at the rate applied to the tax leg from which the income is taxed. For example, if his taxable income exceeds Rs 10 lakh, he will be liable to a tax of at least 30 percent against a flat tax rate of 20 percent, which he would be responsible for paying if taxed on long-term capital gains. The advantage of indexation, as would be available if taxed on capital gains, would also not be accessible if taxed on income from other sources.

Situation 3: Bitcoins kept as a stock-in-trade transfer in exchange for real currency

  • Income from Bitcoins trading would give rise to business income and, as a consequence, income from such business would be subject to income tax as per personal slab rates.

Situation 4: Bitcoins gained as consideration for the selling of Goods & Services

  • Bitcoins obtained in this way shall be treated at the same time as receiving the money. It will represent income in the hands of the beneficiary. Moreover, since the recipient gained this income from a business or a profession, it will generally be taxed under the heading of gains or profits from a business or a profession.
  • As far as the disclosure requirement for Bitcoins in the income tax return forms is concerned, there is still a lack of clarity.

DIGITAL CURRENCY AND BLOCKCHAIN & LEGAL CONSULTATION SERVICES

We have global digital currency lawyers who can encourage companies, investors, and institutions to navigate the lawful complexities of digital currency and blockchain. We are committed to representing our clients tactically and aggressively in their transaction-based and lawsuits matters, whether ICO, IEO, Defi Project, organizers, Crypto Exchange, STO cryptocurrency suppliers, or investment firms associated in cryptocurrency projects, in order to address the complex legal issues presented by Blockchain technologies and online currencies.

Bitcoin Taxation in India | Cryptocurrency CA in Mumbai | Cryptocurrency Chartered Accountant in Mumbai | Tax Consultant for Cryptocurrency | Tax Advisor Cryptocurrency | Borivali | Kandivali | Malad

 

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Your Guide to Bitcoin Taxation

With all the confusion on Cryptocurrency, This is your Guide to Bitcoin Taxation When you look at recent years, you will soon find that there has been a steady increase when it comes to the overall use of virtual currencies. This includes Dogecoin, Litecoin, Ethereum and…

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Residential Status - FEMA 2021

This article - Residential Status – FEMA 2021 would be pertinent for NRIs and would help them in understanding their Residential Status under FEMA 2021. This article is written in FAQ style to address most common questions & issues.

How to determine residential status of a person under FEMA?

ANSWER: "Person resident in India" means—

(i)  a person residing in India for more than one hundred and eighty-two days during the course of the preceding FY but does not include—

A.  a person who has gone out of India or who stays outside India, in either case—
•  for or on taking up employment outside India, or
•  for carrying on outside India a business or vocation outside India, or
•  for any other purpose, in such circumstances as would indicate his intention to stay outside India for an uncertain period;

B.  a person who has come to or stays in India, in either case, otherwise than—
•  for or on taking up employment in India, or
•  for carrying on in India a business or vocation in India, or
•  for any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period;

Explanation:
a) The residential status of a person leaving India will be determined as under:
If a person leaves India for the purpose of employment, business or for any other purpose that indicates his intention to stay outside India for an uncertain period; then he becomes a person resident outside India from the day he leaves India for such purpose.

b) The residential status of a person returning to India will be determined as under:
If a person comes to India for the purpose of employment, business or for any other purpose that indicates his intention to stay in India for an uncertain period; then he becomes a person resident in India from the day he comes to India for such purpose.

Under FEMA, stay for a period of 182 days is also stated. However, it shall be noted that the residential status of a person in our opinion is primarily determined basis the intention of the person to stay in India.


ii) any person or body corporate registered or incorporated in India,

(iii) an office, branch or agency in India owned or controlled by a person resident outside India,

(iv) an office, branch or agency outside India owned or controlled by a person resident in India.

"Person resident outside India" means a person who is not a resident of India.


Residential status as per FEMA under various scenarios for person leaving India on 1st June 2019:

ANSWER:

Sr. No.

Purpose

Residential Status – Person resident in India/ Person resident outside India

1.     

Person leaves India for taking up employment or vocation or profession in UK

Person resident outside India from day of leaving for employment.

2.     

 

 

 

 

A person residing in India for more than 182 days during the course of the preceding FY but who leaves India in current year for the employment or business or otherwise with intention to settle outside India

Such a person shall be Person resident outside India from the day he leaves India -need to ignore condition of having stayed in India for more than 182 days.

 

3.     

A person leaves India for US as he received Green Card but has no employment or business but he intends to settle or stay there for an uncertain period

Person resident outside India since he has left India for an uncertain period.

 

4.     

Person has taken US citizenship even though his wife and children are in India. He travels to India to meet his family and is in India for more than 250 days.

Person resident outside India as he has no intention to stay in India for uncertain period.

5.     

Person comes to India for family marriage. She fell sick while she was in India and is unable to go back. She stays in India for more than 182 days.

Person resident outside India since she has no employment/business in India; and has employment or business abroad; plus house / office etc.

6.     

Person a foreign citizen of non-Indian Origin sets up a proprietary concern in India on 1st June 2019 for carrying on business with intention to settle in India.

Person resident in India w.e.f. 1st June 2019 as he came to India for carrying on business and settle in India.


What is the residential status of students from India going abroad for studies?

ANSWER: It is observed that when students leave India for taking up a course of specified duration, such stay outside India exceeds the period officially intended. While taking up studies, or further advance courses, students may have to take up job or seek scholarship to supplement income to meet their financial requirements abroad. As students have to earn and learn and may even borrow, their stay for educational purposes gets prolonged than what is intended when leaving India.

It is clear that their stay  and intention to stay outside India is for an uncertain period when they go abroad for their studies; they  are treated as  Person resident outside India as per the circular issued by RBI.


Can the residential status of person vary for the same FY as per FEMA and the Act?

ANSWER: Yes. The residential status of a person for a particular FY may vary as per FEMA and Income Tax i.e. a person may be a “resident” person in India as per the Act and a person resident outside India as per FEMA and vice versa. 


Who is a PIO?

ANSWER: Person of Indian Origin (PIO) means a person resident outside India who is a citizen of any country other than Bangladesh or Pakistan or such other country as may be specified by the Central Government, satisfying the following conditions:

• Who was a citizen of India by virtue of the Constitution of India or the Citizenship Act, 1955 (57 of 1955); or
• Who belonged to a territory that became part of India after the 15th day of August, 1947; or
• Who is a child or a grandchild or a great grandchild of a citizen of India or of a person referred to in clause (a) or (b); or
• Who is a spouse of foreign origin of a citizen of India or spouse of foreign origin of a person referred to in clause (a) or (b) or (c)


Who is an OCI?

ANSWER: The Constitution of India does not allow holding dual citizenship i.e. Indian citizenship and citizenship of a foreign country simultaneously.

However, after repeated demand from persons of Indian origin for allowing dual citizenship, Government in 02.12.2005 started Overseas Citizen of India scheme. However, it is to be noted OCI is not dual citizenship of India. Registration as an OCI provides the registrant few benefits as specified in FAQ. h below.

However, as per Gazette notification No. 26011/01/2014IC.I published on 09.01.2015 all the existing PIO card holders registered as such under new PIO Card scheme 2002, shall be deemed to be Overseas Citizens of India Cardholder (OCI).

Therefore from 09.01.2015, one can only register as OCI cardholder and existing PIO cardholders may be considered as OCI cardholders.


Who are eligible to be OCI holder?

ANSWER: A foreign national is eligible for registration as OCI holder if one falls under any of the below criteria:

•  who was eligible to become a citizen of India on 26.01.1950** or
•  was a citizen of India on or at any time after 26.01.1950 or
•  belonged to a territory that became part of India after 15.08.1947
•  Person of Indian Origin (PIO) card holders are deemed to be OCI

Children and grandchildren including minor children of the above referred persons are also eligible for OCI, provided his/her country of citizenship allows the same in some form or other under local laws, and is eligible for registration as an OCI.

However, if the applicant had ever been a citizen of Pakistan or Bangladesh, he will not be eligible for OCI.

•  Spouse of foreign origin of a citizen of India or spouse of foreign origin of an OCI card holder registered and whose marriage has been registered and subsisted for a continuous period of not less than 2 years immediately preceding the presentation of the application.

Provided that for eligibility for registration as OCI, such spouse shall be subjected to prior security clearance from a competent authority in India.

**Any person who, or whose parents or grand-parents were born in India as defined in the Government of India Act, 1935 (as originally enacted), and who was ordinarily residing in any country outside India was eligible to become citizen of India on 26.01.1950. An OCI card holder is eligible to visit India without obtaining a VISA.


What are benefits of becoming an OCI?

ANSWER: Few major benefits of becoming an OCI are as below:-

•  A multiple entry/ multi- purpose life-long visa for visiting India
•  Exemption from registration with local police for any length of stay in India
•  OCI may be granted Indian citizenship after 5 years from date of registration provided he/she stays in India for 1 year before making application
•  Employment allowed in all areas except mountaineering, missionary and research work and other work requiring PAP/RAP (PAP-protected area permit, RAP- Restricted area permit)


CA for NRIs | CA for NRI Taxation | NRI Tax Chartered Accountant Mumbai
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Residential Status – Income Tax Act 2021

This article - Residential Status – Income Tax Act 2021 would be pertinent for NRIs and would help them in understanding their Residential Status under Income Tax Act 2021. This article is written in FAQ style to address most common questions & issues.

When is an individual considered as a Resident in India under the Act?

ANSWER: An individual is considered as a Resident in India under the Act if :-

1. he stays in India for 182 days or more in a FY; or
2. he is India for 60* days or more in a FY and for 365 days or more in preceding 4 FYs.

*However, the condition of stay of 60 days is extended to 182 days for:

1. Member of the crew of an Indian Ship leaving India
2. Indian citizen leaving for purpose of employment
3. PIO or Citizen of India, being outside India, having come on a visit to India


When is an individual considered as a Non-resident (NR) in India under the Act?

ANSWER: If an individual does not satisfy any of the conditions for being a Resident in India as per prior question, he/she shall be considered as a NR in India.


When is an individual considered as a RNOR in India under the Act?

ANSWER: If an individual is a Resident of India for a particular FY (as explained in the above question)

AND

if the said individual is –

1. a NR in India in 9 FY out of 10 preceding FYs; or
2. is in India for less than 729 days in preceding 7 FYs,

then he/she shall be considered as a RNOR in India provided he satisfy either of the above additional condition.

However, if both the aforesaid additional conditions are not satisfied, then he/she shall be considered as ROR in India.


Whether date of arrival in India and date of departure from India to foreign country must be included while calculating number of days of stay in India?

ANSWER: Generally, while calculating the number of days of stay in India, date of arrival and date of departure in India shall be treated as days of stay in India. Normally, dates stamped on Passport are considered as proof of departure from and arrival in India.

However, in case where an individual is a Citizen of India and a member of the crew of a Indian Ship, on a voyage having originated from any port in India, with destination being any port outside India or vice versa, then number of days of stay in India for the said individual, shall not include the period beginning on the date entered into the Continuous Discharge Certificate (CDC) in respect of joining the ship till date entered into the CDC in respect of signing off from the ship.


An Indian citizen leaves India for the first time on July 1, 2018 for taking up employment abroad. He/she does not return to India till March 31, 2019. What will be his/her residential status for the FY 2018-19?

ANSWER: The individual in the aforesaid case stays in India for 92 days during FY 2018-19.

As per provisions of the Act, in the following cases, only the condition of stay in India for less than 182 days is applicable for determining Residential Status to be NR:

1. In case of a person, who is citizen of India or PIO being outside India, who is on visit to India;
OR
2. In case of a person, who is citizen of India, and leaves India for employment outside India or as a member of the crew of an Indian ship.

Accordingly, as his/her stay in India is 92 days which is less than 182 days, the residential status shall be a NR for the FY 2018-19 under the provisions of the Act.

It may be noted that the same conditions may not be applicable in case of family members of the person leaving India who has left India for the purpose of employment abroad.


Would the ANSWER: in the above example be different in case he/she was not an Indian citizen but a PIO?

ANSWER: As explained above, he/she is not an Indian citizen, so he/she would not be eligible to claim benefit of 182 days, even though he/she is a PIO. Hence, as his/her stay in India in the FY 2018-19 exceeded 60 days and for the 4 years preceding the FY 2018-19 exceeded 365 days, his/her residential status would be Resident of India.


A foreign citizen who is a PIO is settled overseas since 2004. She/he comes on a visit to India in FY 2018-19 on June 1, 2018 and leaves India on February 1, 2019. For the past 13 years, her/his days of stay in India were less than 180 days per year, however her/his total stay for the last 7 years in India was around 1000 days. What will be her/his residential status for FY 2018-19?

ANSWER: The individual in the aforesaid case stays in India for 246 days during FY 2018-19.

So, she/he shall be a Resident for FY 2018-19, as her/his stay in India for FY 2018-19 is more than 182 days. However, she/he shall not be ROR despite her/his stay for the past 7 years is exceeding 729 days, as she/he has been a NR for all the past 10 years by virtue of her/his stay in India being less than 182 days for the past 10 years. Accordingly, her/his residential status for  FY 2018-19 shall be that of a RNOR.


Who is treated as a PIO as per the Act?

ANSWER: A person shall be deemed to be of Indian origin if he/she, or either of his/her parents or any of his/her grand-parents, was born in undivided India (i.e., India, Pakistan and Bangladesh before 1947).


During FY 2018-19, an Indian citizen left India for the purposes of employment overseas on August 1, 2018. He/she came on a visit to India on January 20, 2019 and left for the foreign country on February 1, 2019. What shall be his/her total number of days of stay in India? What would be his RS?

ANSWER: His/her stay in India for FY 2018-19 will be 136 days (April 1, 2018 to August 1, 2018 - 123 days and January 20, 2019 to February 1, 2019 - 13 days). The day of leaving India and returning to India both will be calculated as ‘stay in India’ for the purposes of counting number of days of stay in India. He would be a NR of India for FY 2018-19.


An Indian citizen is leaving India for the first time for taking-up employment overseas. What is the best time for his/her departure from India?

ANSWER: As it is his/her first year of leaving India for the purposes of employment, being an Indian citizen, he/she will become a resident in India only if his/her stay in India for the concerned FY is 182 days or more. Hence, he/she should leave India on or before September 28 to maintain status of NR for that FY. This is on the basis that he/she does not return to India for any visits personal/ official until the end of such FY.

If he/she fails to do so, he / she will qualify as ROR and by virtue of taxation rules will be taxed on global income for residents, subject to DTAA benefits. There will also be an obligation to report foreign assets in India. Thus, he/she may need to plan his/her departure and subsequent visit appropriately keeping in mind the tax provisions.


If an Indian citizen settled overseas wishes to return to India for good, what is the best time for her/him to do so?

ANSWER: On the basis that he/ she was a NR in the previous FYs, she/he should try to come back on or after February 1 (or February 2 in case of a leap year). However, if her/his stay in India in prior 4 previous FYs does not exceed 365 days, then she/he may return after October 2 (or October 3 in case of a leap year). In both the cases, she/he will continue to remain NR for that FY.


A Karta has an HUF comprising of himself, his wife, two sons and an unmarried daughter. The family is based in India, except for the Karta who resides overseas for his employment purposes. He visits India once in four months and takes the financial decision on his stay in India. Will the HUF be categorized as a resident?

ANSWER: An HUF will be categorized as NR only when it is wholly controlled and managed from outside India. Accordingly, because the HUF will be managed wholly in India, as the decisions are taken when Karta comes India, its residential status shall be Resident. Further, the HUF will not be considered ROR-Resident if its Karta has been a Resident for less than 2 FY out of 10 FY preceding that FY, or has not during the 7 FY preceding that FY been in India for more than or equal to 730 days. Accordingly, if the Karta is not ROR-Resident, the HUF shall not be ROR-Resident.


An Indian citizen stays in India for less than 182 days in FY 2018-19 and leaves India for the first time for the purpose of self-employment / business outside India. What will be his/her residential status for the FY 2018-19?

ANSWER: The expression ‘employment’ may also include business and self-employment.

So, in case of a person, who is citizen of India, and leaves India for self-employment or business outside India, then only the condition of stay in India for less than 182 days may be applicable for Residential Status to be NR.

Accordingly, he/she shall be a NR for the FY 2018-19 under the provisions of the Act, as his/her stay in India is less than 182 days for the said FY.

The same provisions may not apply for the family members accompanying such person.


An Indian citizen leaves outside India for the first time for the purpose of education (PHD) in FY 2018-19 in July 2018 What will be his/her residential status for the FY 2018-19?

ANSWER: In case of a person, who is citizen of India, and leaves India for employment outside India, then only the condition of stay in India for less than 182 days may be applicable for Residential Status to be NR.

However, in the above case, the individual is leaving for education purpose and not employment, so the condition of physical presence of 60 days during the FY and the more than 365 days during the immediately preceding FY is required to be evaluated.

As he is going outside India for first time and has been in India for more than 60 days during the FY 2018-19, he will qualify as ROR-Resident.


CA for NRIs | CA for NRI Taxation | NRI Tax Chartered Accountant Mumbai
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Sale of Immovable Property by NRI in India 2021

This post covers the FAQs on Sale of Immovable Property by NRI in India 2021.

How is Capital Gains on sale of Immovable Property computed and what are the rates of taxation?

ANSWER. Capital Gains on Sale of Immovable Property in India generally refers to the difference between the sale consideration received and purchase price paid for acquisition of the property (subject to other conditions and exemptions available). Capital Gains may be classified as ‘Short Term Capital Gains’ (STCG) or ‘Long Term Capital Gains’ (LTCG) based on provisions of the Act.

Classification of Capital Gains

Capital Gains on sale of an asset may be classified into LTCG and STCG based on the period of holding as follows:

 

Capital Asset

Short Term

Long Term

Immovable property including rights and interest in Immovable Property

If held for a period not exceeding 24 months from the date of acquisition

 

If held for a period exceeding 24 months

Tax Rates applicable

As per applicable slab rates – Highest slab being 30%*

 

20%*

Tax to be deducted by the buyer, where seller is NR

30%*

20%*

* Plus applicable Surcharge and Health and Education cess on Income Tax

Manner of Computation of Capital Gains

Illustrative Computation of Taxable Capital Gains in case of Sale of Immovable Property is as follows:

 

Particulars

Amount

(in Rs.)

Amount

(in Rs.)

Full value of sale consideration

 

100

Less: Expenditure incurred wholly and exclusively in connection with such transfer (e.g. Transfer Fees, Brokerage, Society Charges, etc.)

 

(5)

Net Sale Consideration

 

95

Less: Cost of Acquisition

35

 

Less: Cost of Improvement (E.g. Renovation, painting, addition of floor, etc.)

15

(50)

Capital Gains

 

45


What is Cost of acquisition and Indexed Cost of acquisition for computation of Capital Gains?

ANSWER. Cost of acquisition generally refers to consideration paid for purchase of property. Cost of improvement generally refers to any capital expenditure incurred in making any additions or alterations to the Immovable Property. The cost of acquisition may vary based on several scenarios which are reproduced below:

Property held prior to April 1, 2001:

 

Where property has been acquired by a person before April 1, 2001 or where the property was acquired through gift or inheritance from the person who acquired the property before April 1, 2001, then the cost of acquisition is the higher of:

  1. Actual cost of acquisition of the property or;
  2. Fair market value as on April 1, 2001.

However, as per recent amendment in law, the fair market value as on April 1, 2001, has been capped as  not exceeding the ‘’stamp duty value’’ of the property. Further, the term ‘’stamp duty value’’ has been defined to mean the value adopted or assessed or assessable by any authority of the Central Government or a State Government for the purpose of payment of stamp duty in respect of an immovable property.

Inheritance / Gift:

In case of inheritance/ gift, the aforesaid cost of acquisition/ improvement shall be the actual cost of acquisition/ improvement of the person from whom the asset is received. The period of holding will be considered from date of original acquisition till the date of sale.

However, there is some difference of opinion regarding whether the benefit of Indexation will be given from the date of Inheritance/ Gift or from date of acquisition of the person from whom the asset is received. The said issue is litigative and pending before Court of Law.

 Indexation: It is a process by which the cost of acquisition/ improvement of a capital asset is adjusted against inflationary rise in the value of asset 


A NRI is selling his residential house in India to a resident Indian. What are the tax obligations of the resident Indian purchasing property from a NRI?

ANSWER. The resident Indian is liable to deduct tax at 30% on STCG or 20% on LTCG arising to NRI from the consideration payable for purchase of Immovable Property and the failure to deduct tax attracts penalty and interest on the resident Indian

He may request NRI to arrange for a Tax Exemption Certificate (TEC) from the Tax Officer directing the amount of appropriate tax to be deducted and withheld from the sale consideration and deposit the same with the Tax Department within the prescribed timelines

It takes about 3 weeks to 6 weeks to obtain TEC from the Tax Department but that protects the resident Indian  from any liability.


What is Stamp duty Value and what if the Stamp duty Value of the Immovable Property sold is greater than the sale consideration?

ANSWER. In case of transfer of an Immovable Property, the Act provides that the actual sale consideration should be compared with the stamp duty value. Stamp duty value is the value assessed at time of registration of the sale of the property with the Registration Authority of the State Government in India. Accordingly, while calculating capital gains, the actual sale consideration is compared with the stamp duty value and higher of the two values should be taken as sale consideration.

However, as per recent amendment in law, only if the Stamp Duty Value exceeds the actual sale consideration by more than 110% of the sale consideration, then in such case while calculating Capital Gains, Stamp Duty Value shall be considered as Full Value of consideration for the purpose of computing the Capital Gains.


What are the options available to NRI to ensure minimum deduction of tax on sale of his Immovable Property?

ANSWER. The normal rate of tax deduction is at the rate of 30% (Plus applicable Surcharge and Health and education cess on Income Tax) on STCG or 20% (Plus applicable Surcharge and Health and education cess on Income Tax) on LTCG, depending upon the period of holding of the Immovable Property. 

However, NRI may be liable to tax at much lower or nil rate on account of:

  1. Tax exemption for reinvestment in a residential house or specified Bonds or in CGAS (Capital Gains Account Scheme)
  2. There may not be taxable gain on account of benefit of CII or benefit of step up to market value as on 1st April 2001 as cost.


In such a situation, NRI has two options:

  1. Apply for Tax Exemption Certificate to Tax officer which directs the Buyer to deduct tax at the amount specified in the TEC.
  2. File Return of Income and claim Refund of excess TDS withheld and deposited to Tax Department by the Buyer.


NRI has sold a residential house on September 1, 2020 after holding it for a period of ten years, and intends to claim exemption of tax on Capital Gains arising on sale of the said house. What are the options available with him to claim exemption? What are the timelines to claim such exemptions?

ANSWER. NRI has the following options to claim exemption of LTCG tax on sale of residential house which is held for more than two years.

Option 1 -- Reinvest in a residential house:

 

  1. At present, NRI can avail exemption if long term capital gains arising on sale of a residential property are re-invested in one residential house property. The Government has extended the said benefit of re-investment to two residential properties, effective from AY 2020-21 i.e. from FY 2019-20 onwards.
  2. The aforesaid benefit can be exercised only when the capital gains on sale of residential property does not exceed Rs. 2 crore. It is pertinent to note that the benefit of this provision can be availed, at the option of the person only once in his lifetime.
  3. The exemption can be availed if a new residential house was purchased one year before the date of sale of the old residential house (i.e. by September 2, 2019), or purchases a new residential house within a period of two years from the date of sale of the old residential house (i.e. before August 31, 2022), or, construct a new residential house within a period of three years from the date of sale of the old residential house (i.e. on or before August 31, 2023).
  4. If NRI has not purchased/constructed the new residential house before July 31, 2021 (i.e. due-date for filing tax return for the year in which the old residential house is sold), and he would like to claim tax exemption then he has to open a banking a/c under the ‘Capital Gains Account Scheme’ (CGAS) with a Nationalized Bank and deposit the amount of Capital Gains and utilize the said deposits for purchasing/construction of the new residential house within the time lines prescribed However, if the amount deposited in CGAS is not utilized wholly or partly in purchasing/construction of the new residential house property within the time lines prescribed in paragraph 1(iii) above, then such unutilized amount would be subject to LTCG tax in the 3rd year from the date of transfer of old property.
  5. Having obtained the tax exemption as above he must hold the new residential house for at least a period of 3 years from the date of its purchase/construction as otherwise he may lose the Tax exemption. If the same is sold before 3 years, while computing Capital Gains from sale of the said new residential house, the cost of acquisition of the new residential house shall be reduced by the amount of exemption claimed and thereby resulting into higher capital gains amount subject to taxation

 

Option 2 -- Invest in Specified bonds:

 NRI can reinvest the amount of LTCG arising on sale of residential house in Tax saving bond issued by :

  1. National Highways Authority of India (NHAI)
  2. Rural Electrification Corporation Ltd (REC)
  3. Bonds as may be notified by the Central Government. (No bonds are notified by Central Government till date)

Investment is to be made in the above specified bonds within 6 monthsfrom the date of sale of the property.

He investment in specified bonds should not exceed Rs. 50 lakhs and NRI is required to hold the specified bonds for a period of five years. However, if the same is transferred or converted into money within 5 years then exempted capital gains will be taxable in year of ‘’transfer/conversion’’ of such specified bonds.

Further, any borrowings against security of these bonds shall tantamount to ‘’conversion/transfer’’ of such specified bonds into money.

 

Option 3 -- Investment in equity shares of a new eligible Indian company:

 NRI will be eligible to claim exemption in proportion of amount reinvested in equity shares of a new eligible Indian company or eligible start-up (as defined in Section 54GB of the Act) to the sales consideration received on sale of residential house.

There are several conditions to be complied with in order to claim this reinvestment exemption.

Option 4 -- Investment in units of specified fund:

The Government has provided for an additional amount of exemption of Rs. 50 lakhs that may be invested in the units of specified fund. However, no such specified fund has been notified till date


Whether the reinvestment options change if NRI sells a Capital Asset other than residential house (old capital asset)?

ANSWER.

Option 1 -- Reinvest in a residential house:

  1.  If a NRI sells any Long Term Capital Asset, other than residential house, he is eligible to avail exemption from Capital Gains tax if he purchases a new residential house one year before the date of sale of the old capital asset, or purchases a new residential house within a period of two years from the date of sale of the old capital asset, or, construct a new residential house within a period of three years from the date of sale of the old capital asset
  2. If NRI has not purchased/constructed the new residential house before July 31, (i.e. due-date for filing tax return for the year in which the old residential house is sold), and he would like to claim tax exemption then he has the option to open a banking a/c under the ‘Capital Gains Account Scheme’ (CGAS) with a Nationalized Bank and deposit the amount of net sale consideration and utilize the said deposits for purchasing/construction of the new residential house within the time lines prescribed However, if the amount deposited in CGAS is not utilized wholly or partly in purchasing/construction of the new residential house property within the time lines prescribed in paragraph 1(i) above, then such unutilized amount would be subject to LTCG tax in the 3rd year from the date of transfer of old property.
  3. Having obtained the tax exemption as above he/she must hold the new residential house for at least a period of 3 years from the date of its purchase/construction as otherwise he may lose the Tax exemption. If the same is sold before 3 years, while computing Capital Gains from sale of the said new residential house, the cost of acquisition of the new residential house shall be reduced by the amount of exemption claimed and thereby resulting into higher capital gains amount subject to taxation
  4. If NRI invests the entire net consideration* from sale of such capital asset, he/she shall get total exemption of Capital Gains tax. However if he/she invests partial net consideration, then the exemption shall be available in the same proportion as the proportion of amount reinvested in the residential house bears to the sales proceeds received on sale of the old Capital Asset: The same is reiterated for ready reference as below :

 *Refer answer to FAQ a. above for meaning of Net Sale Consideration

NRI should not hold more than one residential house (other than the new residential house) on the date of sale of the old capital asset.

NRI should not purchase another residential house within a period of 1 year from the date of sale of old capital asset or construct a residential house within a period of 3 years from the date of sale of old capital asset. Ifsaid condition is not satisfied, then capital gains claimed as exempted above on sale of Capital Asset other than residential house property, shall be taxable in year in which such other residential house is purchased/constructed.

Invest in Specified bonds:

Similar to exemption mentioned in FAQ f (2) above.

Investment in units of specified fund:

 Similar to exemption mentioned in FAQ f (4) above.


A NRI sold his residential house and earned LTCG on such sale. He invested the said Capital Gains in another residential house situated in Dubai. Can he/she claim exemption from LTCG?

ANSWER.  Exemptions mentioned in FAQ f (1) and g (1) above are available if a new residential house is purchased in India. Hence, in above case, NRI shall not be eligible for claiming exemption from LTCG.


A NRI sold his residential house and earned LTCG of Rs. 65 lakhs on such sale. From the said Capital Gains, he purchased two residential houses of Rs. 35 lakhs and Rs. 30 lakhs in Mumbai and Bangalore respectively. Can he claim exemption from LTCG?

ANSWER. As stated in FAQ f (1), the Government has extended the benefit of re-investment to two residential properties with effect from AY 2020-21 i.e. from FY 2019-20 onwards. In this case, as the capital gains amount is less than Rs. 2 crore, the NRI can claim exemption from LTCG. However, such exemption can only be availed, at the option of the person only once in his lifetime.


Is filing of Return of Income compulsory for claiming the various exemptions from Capital Gains on sale of Immovable Property?

ANSWER. Yes, the NRI has to file the Return of Income by prescribed due date for claiming the exemptions.


What if the whole or any part of amount invested in Capital Gain Account Scheme is not utilized for purchase of new property within 2 year or construction of the new property within 3 years, as the case may be?

ANSWER. Amount which is not invested in the new property would be subject to the LTCG tax in the year in which the period of 3 years expires from the date of sale of old property.


l. NRI is the owner of a residential house, which was purchased by him in November, 2002. He died in December, 2012, leaving behind this house to his son. His son intends to sell this property in December, 2016. When, how and in whose hands will the Capital Gains be taxed?

ANSWER.

At the time of inheritance:

There shall be no Capital Gains tax in the hands of NRI or his son at the time of inheritance, i.e. on the death of NRI.

At the time of Sale by son:

At the time of sale of the inherited house, the son shall be subject to Capital Gains tax on such sale. The Capital Gains shall be computed as follows:

 

Cost

The cost of acquisition of property for son shall be the cost of acquisition of the father

Period of Holding:

The period of holding of the asset for the son shall be from the year 2002, the date on which father acquired the property.

 

Further, since period of holding is more than 24 months, the Capital Asset shall qualify as Long Term Capital Asset and shall be eligible for indexed cost of acquisition for the period 2002 till the year in which the property is sold by son.

However, there is legal uncertainty and a possible litigation regarding whether the son will be allowed the benefit of indexation from the year in which the father bought the property (i.e. 2002) or the year of inheritance i.e. upon death of the father (i.e. 2012).


A NRI received advance money/ earnest money for the sale of an Immovable Property. Subsequently, the sale of property transaction was cancelled. However, the NRI retained the advance money/ earnest money as per the agreement. What will be the tax liability on such advance money/ earnest money retained?

ANSWER. Advance money/ earnest money retained by NRI received by him on or after April 1, 2014, shall be taxable under the head ‘Income from Other Sources’. NRI shall be required to pay appropriate taxes on the said income.


Is there any Capital Gain tax implication in case where property is compulsorily acquired by the Government authorities?

ANSWER. Compulsory acquisition of the property by any Government Authority is regarded as ‘transfer’ and/or ‘sale’ and is subject to capital gains as per the provisions of the Act.

CA in Mumbai | Chartered Accountant in Mumbai | CA for NRI Services | NRI Taxation | Borivali | Kandivali | Malad
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How to File Online Income Tax Return 2021 - Step by Step with Pictures

This is a quick post for folks who want to DIY (do-it-yourself). I am listing steps with images to help you do it.

 

Step 1 - Go to Income Tax e-filing website

Income Tax e-filing website

Step 2 - Select Prepare and submit online

Select Prepare and submit online

Step 3 - Select ITR Form and Assessment Year

Select ITR Form and Assessment Year

Step 4 - Fill Required Details

Fill Required Details | CA for Income Tax Filing

Step 5 - Put Employer Details, Residential Status, etc

Put Employer Details, Residential Status, etc | CA for Income Tax filing

Step 6 - Put Salary and Section 80 deductions information

CA for Income Tax filing

Step 7 - Total Tax payable will be computed automatically

CA for TDS

Step 8 - Verify TDS credit amount against 26AS

CA for NRI Pan Card

Step 9 - Net Tax Payable or Refundable will be shown. Put the Bank Details and submit the return

CA NRI Taxation

Step 10 - After submission, e-verify the return

CA for Capital Gains

Step 11 - Download a copy of ITR V. 

ITR-V stands for Income Tax Return Verification; the IT department generates this for taxpayers to verify the legitimacy of their e-filing. It is applicable only to those who file without a digital signature.

CA certificate

Step 12 - Put PAN number and Date of Birth in lowercase to open the PDF

CA for home loan

 

Step 13 - If sending manually then

Print, sign and send ITR V to CPC Bangalore within 120 days from the date ofe-filing. CA Download your ITR-V from the Department website
 

Step 14 - Address and instructions here.

Address of CPC, Bangalore for Speed Post:

Centralised Processing Center,
Income Tax Department,
Bengaluru, Karnataka 560500

Detailed instructions provided by Income Tax Department

  1. Please use Ink Jet /Laser printer to print the ITR-V Form.
  2. Avoid printing on Dot Matrix printer.
  3. The ITR-V Form should be printed only in black ink.
  4. Do not use any other ink option to print ITR V.
  5. Ensure that print out is clear and not light print/faded copy.
  6. Please do not print any water marks on ITR-V. The only permissible watermark is that of “Income tax Department” which is printed automatically on each ITR-V.
  7. The document that is mailed to CPC should be signed in original in BLUE INK.
  8. Photocopy of signatures will not be accepted.
  9. The signatures or any handwritten text should not be written on Bar code.
  10. Bar code and numbers below barcode should be clearly visible.
  11. Only A4 size white paper should be used.
  12. Avoid typing anything at the back of the paper.
  13. Perforated paper or any other size paper should be avoided.
  14. Do not use stapler on ITR V acknowledgement.
  15. In case you are submitting original and revised returns, do not print them back to back. Use two separate papers for printing ITR-Vs separately.
  16. More than one ITR-V can be sent in the same envelope.
  17. Please do not submit any annexures, covering letter, pre stamped envelopes etc. along with ITR-V.
  18. The ITR-V form is required to be sent to Centralised Processing Center, Income Tax Department, Bengaluru, Karnataka-560500, by ordinary post or speedpost.
  19. ITR-Vs that do not conform to the above specifications may get rejected or acknowledgement of receipt may get delayed.
  20. Please note, if your verification is pending, then the ITR-V is not a proof for having filed your return.
  1. CPC Bangalore dispatches an email acknowledgement on the receipt of ITR-V. It should reach Bangalore within 4-5 days after sending from the date of sending ITR-V.
  2. You can check status of ITR-V receipt by CPC Bangalore online at www.incometaxindiaefiling.gov.in (official government portal)
  3. If your ITR-V is not been marked as received after 10 days, you can call 1800-425-2229 – Govt of India helpline from 9AM to 8PM.

Frequently Asked Questions

  •  have posted my ITR-V 15 days back and have not received any mail confirmation from the CPC Bangalore? What should I do ?
    Make sure you have given your correct mailing ID, check in your spam and check the status, call and enquire to the given number, if not received by them you may have to send the physical copy again.
     
    Income Tax Return Filing 2021 | Best CA in Thakur Village
     

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Submission of Form 15CA and 15CB

Making payments outside India requires certain compliances. One such compliance is to submission of Form 15CA and 15CB, when required. The various scenarios where you need to submit these forms have been discussed in this article.

 

The income tax department has revised the rules relating to preparation & submission of Form 15CA and Form 15CB .

The significant changes are as follows

  • Form 15CA and 15CB will be NOT be required to be furnished by an individual for remittance, which does not require RBI approval
  • List of payments of specified nature mentioned in Rule 37BB, which do not require submission of Forms 15CA and 15CB, has been expanded from 28 to 33 including payments for imports.
  • Form No. 15CB will only be required for payments made to non-residents, which are taxable and if the payment exceeds Rs. 5 lakhs.

A person responsible for making a payment to a non-resident or to a foreign company has to provide the following details –

When payment made is below Rs 5 lakh

  • For such payments information is required in Part A of Form 15CA

When payment made exceeds Rs 5 lakh

  • Part B of Form 15CA has to be provided
  • Certificate in Form 15CB from an accountant
  • Part C of Form 15CA

When the payment made is not chargeable to tax under IT Act

  • Part D of Form 15CA
  • In the following cases, no submission of information is required
    • The remittance is made by an individual and it does not require prior approval of Reserve Bank of India [as per the provisions of section 5 of the Foreign Exchange Management Act, 1999 (42 of 1999) read with Schedule III to the Foreign Exchange (Current Account Transaction) Rules, 2000]

The remittance is of the nature specified in the list below:

Rule 37BB

Sl. No.

Nature of Payment

1Indian investment abroad -in equity capital (shares)
2Indian investment abroad -in debt securities
3Indian investment abroad-in branches and wholly owned subsidiaries
4Indian investment abroad -in subsidiaries and associates
5Indian investment abroad -in real estate
6Loans extended to Non-Residents
7Advance payment against imports
8Payment towards imports-settlement of invoice
9Imports by diplomatic missions
10Intermediary trade
11Imports below Rs.5,00,000-(For use by ECD offices)
12Payment- for operating expenses of Indian shipping companies operating abroad.
13Operating expenses of Indian Airlines companies operating abroad
14Booking of passages abroad -Airlines companies
15Remittance towards business travel.
16Travel under basic travel quota (BTQ)
17Travel for pilgrimage
18Travel for medical treatment
19Travel for education (including fees, hostel expenses etc.)
20Postal Services
21Construction of projects abroad by Indian companies including import of goods at project site
22Freight insurance – relating to import and export of goods
23Payments for maintenance of offices abroad
24Maintenance of Indian embassies abroad
25Remittances by foreign embassies in India
26Remittance by non-residents towards family maintenance and savings
27Remittance towards personal gifts and donations
28Remittance towards donations to religious and charitable institutions abroad
29Remittance towards grants and donations to other Governments and charitable institutions established by the Governments.
30Contributions or donations by the Government to international institutions
31Remittance towards payment or refund of taxes.
32Refunds or rebates or reduction in invoice value on account of exports
33Payments by residents for international bidding.

 

Frequently Asked Questions

  • What are consequences involved for Non filing of Form 15CA 15CB?
    If an Assessee who is required to file Form 15CA 15CB fails to furnish the same before making remittance to a non resident, then he has shall be liable to penalty provisions under section 271I of the Income tax Act, 1961. Such Penal provision shall be attracted even if the person furnished inaccurate information. The amount of penalty which the Assessing officer may ask the Assessee to pay for Non compliance is Rs.1lakhs.
  • Can Filed Form 15CA form 15CB be revised or cancelled
    Yes, Form 15CA can be withdrawn within 7 days from the date of Submission. The link to withdraw the submitted form will be available on the website of the Assessee concerned.
     
    Read more about NRI Taxation
    Submission of Form 15CA and 15CB

How to claim Benefits Under DTAA for NRIs

If you are an NRI living abroad, Read here to know How to claim Benefits Under DTAA for NRIs. NRIs can avoid paying double tax as per the Double Tax Avoidance Agreement (DTAA). Usually, Non-Resident Indians (NRI) live abroad, but earn income in India. In…

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NRI Taxation while Selling Property in India

There is a fair amount of confusion about NRI Taxation while Selling Property in India. It’s always challenging to manage a house property, especially when you are not around. As an NRI, you might have stayed abroad for many years and are now contemplating selling…

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PAN Application for NRI

This article primarily focusses on PAN Application for NRI in India

This articles we will cover the following:

  1. Whether it is mandatory for a non-resident Indian to have a PAN?
  2. Application for allotment of PAN:
  3. Documents to be enclosed along with PAN application Form
  4. Foreign address
  5. Fees
  6. Correction of Mistakes in PAN card
  7. Penalty for holding more than one PAN card
  8. Penalty for non-compliance with provisions relating to PAN

So lets get started with each of above points 

1 Whether it is mandatory for a non-resident Indian to have a PAN?

Every person who is required to file a return of income or intends to enter into an economic or financial transaction where quoting of PAN is mandatory must have a PAN.

Transactions in which quoting of PAN is mandatory are as follows:

  1. Sale or purchase of a motor vehicle or vehicle other than two wheeled vehicles.
  2. Opening an account [other than a time-deposit referred at point No. 7 and a Basic Savings Bank Deposit Account] with a banking company or a co-operative bank
  3. Opening of a demat account with a depository, participant, custodian of securities or any other person with SEBI
  4. Payment of an amount exceeding Rs. 50,000 to a Mutual Fund for purchase of its units
  5. Payment of an amount exceeding Rs. 50,000 to a company or an institution for acquiring debentures or bonds issued by it.
  6. Deposits of cash exceeding Rs. 50,000 during any one day with a banking company or a co-operative bank.
  7. A time deposit of amount exceeding Rs. 50,000 or aggregating to more than Rs. 5 lakh during a financial year with -
  8. a banking company or a co-operative bank
  9. a Post Office;
  10. a Nidhi referred to in section 406 of the Companies Act, 2013 or
  11. a non-banking financial company which holds a certificate of registration under section 45-IA of the Reserve Bank of India Act, 1934 to hold or accept deposit from public.
  12. Payment of an amount aggregating to more than Rs. 50,000 in a financial year as life insurance premium to an insurer
  13. A contract for sale or purchase of securities (other than shares) for amount exceeding Rs. 1 lakh per transaction
  14. Sale or purchase, by any person, of shares of a company not listed in a recognised stock exchange for amount exceeding Rs. 1 lakh per transaction.
  15. Sale or purchase of any immovable property for an amount exceeding Rs. 10 lakh or valued by stamp valuation authority referred to in section 50C of the Act at an amount exceeding ten lakh rupees.

2 Application for allotment of PAN:

A non-resident Indian ('NRI') can apply for PAN by submitting the Form No. 49A along with the requisite documents and prescribed fees at the PAN application center of UTIITSL or NSDL. He can also make an online application through the website of UTIITSL or NSDL.

PAN Application for NRI in Mumbai

Link: https://www.onlineservices.nsdl.com/paam/endUserRegisterContact.html

3 Documents to be enclosed along with PAN application Form

NRI is required to submit the copy of passport (alongwith PAN application Form) as proof of identity. He is also required to submit any of the following documents (alongwith PAN application Form)as proof of address:

  1. Copy of passport; or
  2. Copy of the bank account statement in country of residence; or
  3. Copy of NRE bank account statement (showing at least two transactions in last six months period and duly attested by Indian Embassy/Consular office/high commission or Apostille or by the manager of the bank in which the account is held. The applicant may be a joint holder).

4 Foreign address

A foreign address can be provided as residential and office address by NRIs applicants, if they do not have any Indian address of their own.

5 Fees

Fees for processing of PAN application shall depend on the communication address provided by the applicant. Fee for processing of PAN is Rs. 107 if the communication address is within India, and Rs. 994 (Application fees +dispatch charges) if the communication address is outside India.

6 Correction of Mistakes in PAN card

All guidelines as followed while filling fields of name, address, signature, etc., of PAN application form should also be followed while filling up form for 'Request for New PAN Card or/and Changes or Correction in PAN Data".

There are two modes for filing this form: (1) Offline mode, i.e., submitting the application at the PAN application center of UTIITSL or NSDL, or (2) Making an online application through the website of UTIITSL or NSDL. The applicant has to submit the application along with the related documents and the prescribed fees.

7 Penalty for holding more than one PAN card

A person cannot hold more than one PAN. A penalty of Rs. 10,000shall be imposed under section 272B of the Income-tax Act, 1961 for having more than one PAN. If a person has been allotted more than one PAN then he should immediately surrender the additional PAN card(s).

8 Penalty for non-compliance with provisions relating to PAN

Section 272B provides for penalty in case of default by the taxpayer in complying with the provisions relating to PAN, i.e., not obtaining PAN, even though he is liable to obtain PAN or knowingly quoting incorrect PAN in any prescribed document in which PAN is to be quoted or intimating incorrect PAN to the person deducing tax or person collecting tax. Penalty of Rs. 10,000 under section 272B can be levied.

NRI CA in Mumbai

 

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NRI and Income Tax implications - 2021

This article primarily focusses on NRI and Income Tax implications in India

This articles we will cover the following:

  1. How do I Determine My Residential Status?
      1. Is My Income Earned Abroad Taxable?
      2. Am I Required to File My Income Tax Return in India?
      3. When is the Last Date to File Income Tax Return in India?
      4. Do NRIs Have to Pay Advance Tax?
  1. Taxable Income for an NRI
      1.  Income from Salary
      2.  Income from House Property
      3.  Rental Payments to an NRI
      4.  Income from Other Sources
      5.  Income from Business and Profession
      6. Income from Capital Gains
      7.  Special Provision Related to Investment Income
      8. What are the Investments that Qualify for Special Treatment?
      9.  Special Provision Related to Long-Term Capital Gains
  1. Deductions and Exemptions for NRIs
      1. Deductions Under Section 80C
      2. Deductions allowed to NRIs under Section 80C
  1. Other Allowable Deductions
      1. Deduction from House Property Income for NRIs
      2. Deduction under Section 80D
      3. Deduction under Section 80E
      4. Deduction under Section 80G
      5. Deduction under Section 80TTA
      6. Deductions not Allowed to NRIs
      7. Investment under RGESS (Section 80CCG)
      8. Deduction for the Differently-Abled under Section 80DD
      9. Deduction for the Differently-Abled under Section 80DDB
      10. Deduction for the Differently-Abled under Section 80U
      11. Exemption on Sale of Property for an NRI
      12. How are You Taxed When You are a…
      13. Income Tax Filing for Foreign Nationals
NRI and Income Tax implications - 2021

1. How do I Determine My Residential Status?

You are considered an Indian resident for a financial year: i. When you are in India for at least 6 months (182 days to be exact) during the financial year ii. You are in India for 2 months (60 days) for the year in the previous year and have lived for one whole year (365 days) in the last four years If you are an Indian citizen working abroad or a member of a crew on an Indian ship, only the first condition is available to you – which means you are a resident when you spend at least 182 days in India. The same is applicable to a Person of Indian Origin (PIO) who is on a visit to India. The second condition is not applicable to these individuals. A PIO is a person whose parents, or any of his grandparents were born in undivided India.   You are an NRI if you do not meet any of the above conditions. For FY 2019-20 if an individual has come to India on a visit before 22nd March, 2020 and a) has been unable to leave because of lockdown on or before 31st March, 2020, period of stay from 22nd to 31st March shall not be considered. b) has been quarantined due to Covid19 on or after 1st March, 2020 and departed on evacuation flight on or before 31st March, 2020 or unable to leave India his period of stay from the beginning of quarantine to 31st march shall not be considered. c) has been departed on a evacuation flight on or before 31st March, 2020, period of stay from 22nd March 2020 to date of departure shall not be considered

  1. Is My Income Earned Abroad Taxable?
  2. Am I Required to File My Income Tax Return in India?
  3. When is the Last Date to File Income Tax Return in India?
  4. Do NRIs Have to Pay Advance Tax?

a. Is My Income Earned Abroad Taxable?

An NRI’s income taxes in India will depend upon his residential status for the year. If your status is ‘resident,’ your global income is taxable in India. If your status is ‘NRI,’ your income which is earned or accrued in India is taxable in India. Salary received in India or salary for service provided in India, income from a house property situated in India, capital gains on transfer of asset situated in India, income from fixed deposits or interest on savings bank account are all examples of income earned or accrued in India. These incomes are taxable for an NRI. Income which is earned outside India is not taxable in India. Interest earned on an NRE account and FCNR account is tax-free. Interest on NRO account is taxable for an NRI.

b. Am I Required to File My Income Tax Return in India?

NRI or not, any individual whose income exceeds Rs.2,50,000 is required to file an income tax return in India.     

 

c. When is the Last Date to File Income Tax Return in India?

July 31st is the last date to file income tax return in India for NRIs.

d. Do NRIs Have to Pay Advance Tax?

If your tax liability exceeds Rs 10,000 in a financial year, you are required to pay advance tax. Interest under Section 234B and Section 234C is applicable when you don’t pay your advance tax.

2. Taxable Income for an NRI

Your salary income is taxable when you receive your salary in India or someone does on your behalf. Therefore, if you are an NRI and you receive your salary directly to an Indian account it will be subject to Indian tax laws. This income is taxed at the slab rate you belong to.

  1.  Income from Salary
  2.  Income from House Property
  3.  Rental Payments to an NRI
  4.  Income from Other Sources
  5.  Income from Business and Profession
  6. Income from Capital Gains
  7.  Special Provision Related to Investment Income
  8. What are the Investments that Qualify for Special Treatment?
  9.  Special Provision Related to Long-Term Capital Gains

a. Income from Salary

Income from salary will be considered to arise in India if your services are rendered in India. So even though you may be an NRI, but if your salary is paid towards services provided by you in India, it shall be taxed in India immaterial of where you are receiving the income. In case your employer is Government of India and you are the citizen of India, income from salary, if your service is rendered outside India is also taxed in India. Note that income of Diplomats, Ambassadors are exempt from tax. Ajay was working in China on a project from an Indian company for a period of 3 years. Ajay needed the salary in India to take care of the needs of his family and make payments towards a housing loan. However, since salary received by Ajay in India would have been taxed as per Indian laws, Ajay decided to receive it in China.

b. Income from House Property

Income from a property which is situated in India is taxable for an NRI. The calculation of such income shall be in the same manner as for a resident. This property may be rented out or lying vacant. An NRI is allowed to claim a standard deduction of 30%, deduct property taxes, and take benefit of an interest deduction if there is a home loan. The NRI is also allowed a deduction for principal repayment under Section 80C. Stamp duty and registration charges paid on the purchase of a property can also be claimed under Section 80C. Income from house property is taxed at slab rates as applicable. Nandini owns a house property in Goa and has rented it out while she lives in Bangkok. She has set up the rent payments to be received directly in her bank account in Bangkok. Nandini’s income from this house which is in India shall be taxable in India.

c. Rental Payments to an NRI

A tenant who pays rent to an NRI owner must remember to deduct TDS at 30%. The income can be received to an account in India or the NRI’s account in the country he is currently residing. Maria pays a monthly rent of Rs30,000 to her NRI landlord. She must deduct 30% TDS or Rs 9,000 before transferring the money to the landlord’s account. Maria must also get a Form 15CA prepared and submit it online to the Income Tax Department. A person making a remittance (a payment) to a Non-Resident Indian has to submit Form 15CA. This form has to be submitted online. In some cases, a certificate from a chartered accountant in Form 15CB is required before uploading Form 15CA online. In Form 15CB, a CA certifies details of the payment, TDS rate, and TDS deduction as per Section 195 of the Income Tax Act, if any DTAA (Double Tax Avoidance Agreement) is applicable, and other details of nature and purpose of the remittance. Form 15CB is not required when:

i. Remittance does not exceed Rs 5,00,000 (in total in a financial year). Only Form 15CA has to be submitted in this case.

ii. If lower TDS has to be deducted and a certificate is received under Section 197 for it or lower TDS has to be deducted by order of the AO.

iii. Neither is required if the transaction falls under Rule 37BB of the Income Tax Act, where it lists 28 items.

In all other cases, if there is a remittance outside India, the person who is making the remittance will take a CA’s certificate in Form 15CB and after receiving the certificate submit Form 15CA to the government online.

d. Income from Other Sources

Interest income from fixed deposits and savings accounts held in Indian bank accounts is taxable in India. Interest on NRE and FCNR account is tax-free. Interest on NRO account is fully taxable.

e. Income from Business and Profession

Any income earned by an NRI from a business controlled or set up in India is taxable to the NRI.

f. Income from Capital Gains

Any capital gain on transfer of capital asset which is situated in India shall be taxable in India. Capital gains on investments in India in shares, securities shall also be taxable in India. If you sell a house property and have a long-term capital gain, the buyer shall deduct TDS at 20%. However, you are allowed to claim capital gains exemption by investing in a house property as per Section 54 or investing in capital gain bonds as per Section 54EC.

g. Special Provision Related to Investment Income

When an NRI invests in certain Indian assets, he is taxed at 20%. If the special investment income is the only income the NRI has during the financial year, and TDS has been deducted on that, then such an NRI is not required to file an income tax return.

h. What are the Investments that Qualify for Special Treatment?

Income derived from the following Indian assets acquired in foreign currency:

  1. Shares in a public or private Indian company
  2. Debentures issued by a publicly-listed Indian company (not private)
  3. Deposits with banks and public companies
  4. Any security of the central government
  5. Other assets of the central government as specified for this purpose in the official gazette

No deduction under Section 80 is allowed while calculating investment income.

i. Special Provision Related to Long-Term Capital Gains

For long-term capital gains made from the sale of transfer of these foreign assets, there is no benefit of indexation and no deductions allowed under Section 80. But you can avail an exemption on the profit under Section 115 F when the profit is reinvested back into:

  1. Shares in an Indian company
  2. Debentures of an Indian public company
  3. Deposits with banks and Indian public companies
  4. Central Government securities
  5. NSC VI and VII issues

In this case, capital gains are exempt proportionately if the cost of the new asset is less than net consideration. Remember, if the new asset purchased is transferred or sold back within 3 years, then the profit exempted will be added to the income in the year of sale/transfer. The benefits above may be available to the NRI even when he/she becomes a resident – until such an asset is converted to money, and upon submission of a declaration for the application of the special provisions to the assessing officer by the NRI. The NRI may choose to opt out of these special provisions and in that case the income (investment income and LTCG) will be charged to tax under the usual provisions of the Income Tax Act.

 

3. Deductions and Exemptions for NRIs

Similar to residents, NRIs are also entitled to claim various deductions and exemptions from their total income. These have been discussed here:

  1. Deductions Under Section 80C
  2. Deductions allowed to NRIs under Section 80C

a. Deductions Under Section 80C

Most of the deductions under Section 80 are also available to NRIs. For FY 2019-20, a maximum deduction of up to Rs 1.5 lakhs is allowed under Section 80C from gross total income for an individual.

b. Of the Deductions Under Section 80C, those allowed to NRIs are:

i. Life insurance premium payment: The policy must be in the NRI’s name or in the name of their spouse or any child’s name (child may be dependent/independent, minor/major, or married/unmarried). The premium must be less than 10% of sum assured.

ii. Children’s tuition fee payment: Tuition fees paid to any school, college, university or other educational institution situated within India for the purpose of full-time education of any two children (including payments for play school, pre-nursery and nursery).

iii. Principal repayments on loan for the purchase of a house property: Deduction is allowed for repayment of loan taken for buying or constructing residential house property. Also allowed for stamp duty, registration fees and other expenses for purpose of transfer of such property to the NRI.

iv. Unit-linked insurance plan (ULIPS): ULIPS is sold with life insurance cover for deduction under Section 80C. Includes contribution to unit-linked insurance plan of LIC mutual fund e.g. Dhanraksha 1989 and contribution to other units -linked insurance plan of UTI.

v. Investments in ELSS: ELSS has been the most preferred option in recent years as it allows you to claim a deduction under Section 80C upto Rs 1.5 lakhs, it offers the EEE (Exempt-Exempt-Exempt) benefit to taxpayers and simultaneously offers an excellent opportunity to earn as these funds invest primarily in the equity market in a diversified manner.

4. Other Allowable Deductions

Besides the deduction that an NRI can claim under Section 80C, he is also eligible to claim various other deductions under the Income tax laws which have been discussed here:

  1. Deduction from House Property Income for NRIs
  2. Deduction under Section 80D
  3. Deduction under Section 80E
  4. Deduction under Section 80G
  5. Deduction under Section 80TTA
  6. Deductions not Allowed to NRIs
  7. Investment under RGESS (Section 80CCG)
  8. Deduction for the Differently-Abled under Section 80DD
  9. Deduction for the Differently-Abled under Section 80DDB
  10. Deduction for the Differently-Abled under Section 80U
  11. Exemption on Sale of Property for an NRI
  12. How are You Taxed When You are -  We will discuss few scenarios
  13. Income Tax Filing for Foreign Nationals

a. Deduction from House Property Income for NRIs

NRIs can claim all the deductions available to a resident from income from house property for a house purchased in India. Deduction towards property tax paid and interest on home loan deduction is also allowed. 

b. Deduction under Section 80D

NRIs are allowed to claim a deduction for premium paid for health insurance. This deduction is available up to Rs 30,000 ( increased to Rs 50,000 effective 1 April 2018) for senior citizens and up to Rs 25,000 in other cases for insurance of self, spouse, and dependent children. Additionally, an NRI can also claim a deduction for insurance of parents (father or mother or both) up to Rs30,000 (raised to Rs 50,000 effective 1 April 2018) if their parents are senior citizens, and Rs 25,000 if the parents are not senior citizens. Beginning FY 2012-13, within the existing limit a deduction of up to Rs 5,000 for preventive health check-ups are also available.

c. Deduction under Section 80E

Under this Section, NRIs can claim a deduction of interest paid on an education loan. This loan may have been taken for higher education for the NRI, or NRI’s spouse or children or for a student for whom the NRI is a legal guardian. There is no limit on the amount which can be claimed as a deduction under this Section. The deduction is available for a maximum of 8 years or till the interest is paid, whichever is earlier. The deduction is not available on the principal repayment of the loan.

d. Deduction under Section 80G

NRIs are allowed to claim a deduction for donations for social causes under Section 80G. 

e. Deduction under Section 80TTA

Non-resident Indians can claim a deduction on income from interest on savings bank account up to a maximum of Rs 10,000 like resident Indians. This is allowed on deposits in savings account (not time deposits) with a bank, co-operative society or post office and is available starting FY 2012-13.

f. Deductions not Allowed to NRIs

Some Investments under Section 80C:

i. Investment in PPF is not allowed (NRIs are not allowed to open new PPF accounts, however, PPF accounts which are opened while they are a resident are allowed to be maintained)

ii. Investments in NSCs

iii. Post office 5-year deposit scheme

iv. Senior citizen savings scheme

g. Investment under RGESS (Section 80CCG)

Deduction under Section 80CCG or Rajiv Gandhi Equity Savings Scheme was introduced in effective assessment year 2013-14. The main purpose behind this deduction was to increase retail investor participation in equity markets. Upon satisfaction of certain conditions the deduction allowed is lower of 50% of the amount invested in equity shares or Rs 25,000. This deduction is not available to NRIs. No deduction under this section shall be allowed in respect of any assessment year commencing on or after the 1st day of April, 2018.

h. Deduction for the Differently-Abled under Section 80DD

Deduction under this Section is allowed for maintenance including medical treatment of a handicapped dependent (a person with a disability as defined in this Section) is not available to NRIs.

i. Deduction for the Differently-Abled under Section 80DDB

Deduction under this Section towards medical treatment for a dependent who is disabled (as certified by a prescribed specialist) is available only to residents.

j. Deduction for the Differently-Abled under Section 80U

Deduction for disability where the taxpayer himself suffers from a disability as defined in the Section is allowed only to resident Indians.

k. Exemption on Sale of Property for an NRI

 Long-term capital gains (when the property is held for more than 3 years) is taxed at 20%. Do note that long-term capital gains earned by NRIs are subject to a TDS of 20%.

NRIs are allowed to claim exemptions under Section 54, Section 54 EC, and Section 54F on long-term capital gains. Therefore, an NRI can take benefit of the exemptions from capital gains at the time of filing a return and claim a refund of TDS deducted on Capital Gains. Exemption under Section 54 is available on long-term capital gains on sale of a house property. Exemption under Section 54F is available on sale of any asset other than a house property. 

Exemption is also available under Section 54EC when capital gains from sale of the first property is reinvested into specific bonds.

i. If you are not very keen to reinvest your profit from sale of your first property into another one, then you can invest them in bonds for up to Rs.50 lakhs issued by National Highway Authority of India (NHAI) or Rural Electrification Corporation (REC). ii. The homeowner has 6 months’ time to invest the profit in these bonds, although to be able to claim this exemption, you will have to invest before the tax filing deadline. iii. The money invested can be redeemed after 3 years, but cannot be sold before the lapse of 3 years from the date of sale. With effect from the FY 2018-2019, the period of 3 years has been increased to 5 years. iv. With effect from FY 2018-19, the exemption under section 54EC has been restricted to the capital gain arising from the transfer of long term capital assets being land and building or both. Earlier, the exemption was available on transfer on any capital assets. The NRI must make these investments and show relevant proof to the buyer to get no TDS deducted on the capital gains. The NRI can also claim excess TDS deducted at the time of return filing and claim a refund.

l. How are You Taxed When You are a…

i. Resident Individual on a Temporary Foreign Assignment

Rahul worked out of Singapore on a temporary assignment for 4 months and earned in Singaporean Dollars during that time. He got this income credited to a bank account here in India. He has returned back home now. How should he file his income tax return? Rahul’s taxes for this year will depend on his residential status. Since Rahul has not been outside of India for more than 182 days, he will be considered a resident. He will be required to file his income taxes in India this year. This will also include his salary earned during the foreign assignment in Singapore. If the assignment extends to more than 182 days, Rahul’s residential status will change and he will be required to pay taxes only on the Indian income earned thus far. Here, note that Rahul’s foreign income credited to an Indian bank account is taxable in India.

ii. Resident Individual recently moved abroad

Prashant moves to the US on a new assignment. He gets his US income credited to an NRE account in India. He continues with his FD investments and has some money put away in a savings account in India. He just received Form 16 from his Indian employer. Should he file his returns this year in India? NRI or not, every individual must file a tax return if their income exceeds Rs 2,50,000. But note that NRIs are only taxed for income earned/collected in India. So, Rahul will pay taxes on income earned while in India, and income accrued from FDs and savings account.

Prashant’s income from India
Income from Indian employerRs 3,00,000
Interest income from FDsRs 25,000
Bank account savings interestRs 4,500
Gross total incomeRs 3,29,500
Deductions
Section 80C – PPF investmentsRs 20,000
Section 80TTA exemptionRs 4,500
Taxable incomeRs 3,05,000
Tax slab at 10%Rs 5,500
Cess at 3%Rs 165
TDS deducted by employerRs 4,000
TDS deducted by bankRs 4,500
Tax RefundRs 2835

iii. Living in a Foreign Country

It’s been 3 years since Arjun moved to the US. He is paid in US dollars. He has his money invested in a savings account and FDs in India. He has bought an apartment and gave it on rent for Rs.35,000 per month. He gifts his parents a car and transfers Rs.10,000 every month to their account to help with their household expenses during the year. He also transfers Rs 20,000 in his father’s account to meet the cost of the insurance policy he has purchased for his parents.

Rental IncomeRs 4,20,000
Less: Standard 30% deduction under Section 24Rs 1,26,000
Income from house propertyRs 2,94,000
Income from FDs and bank accountRs 30,000
Gross total incomeRs 3,24,000
Deduction under Section 80DRs 20,000
Taxable incomeRs 3,04,000

  Arjun’s gift to his father and money transfer of Rs 10,000 to his mother are exempt from tax. Regarding the insurance expenses on his parents, Rahul can claim a deduction under Section 80D of Rs 20,000, since his father is over 65 years of age. He will be required to file a tax return in India as his gross income exceeds Rs 2,50,000.

iv. NRI Recently Moved Back to India

Returning NRIs assume RNOR (Resident, Non-Ordinary Resident) status when: a. You have been an NRI in 9 of the 10 financial years preceding the year of your return b. You have lived in India for 2 years or less (729 days or less) in the last 7 financial years The IT Department allows RNORs to continue to enjoy exemptions available to NRIs for a period of 2 years after their return. Therefore, deposits held in foreign currency, which are exempt for an NRI, shall be exempt to returning NRIs for 2 years. After these 2 years, returning NRIs are treated as resident individuals.

v. A resident with Global Income

If you are a resident Indian, your global income is taxable in India. This income may have been earned or received outside – but it shall be taxed in India. In case this income is also taxable in another country, you can take benefit of DTAA (Double Tax Avoidance Agreement).

If you are a resident and have earned any income from abroad, remember to disclose it in your income tax return.

m. Income Tax Filing for Foreign Nationals

An expatriate in India is someone who comes to live in India but is not a citizen of India.

5. How can NRIs Avoid Double Taxation?

NRIs can avoid double taxation (meaning: getting taxed on the same income twice in the country of residence and India) by seeking relief from DTAA between the two countries. Under DTAA, there are two methods to claim tax relief – exemption method and tax credit method. By exemption method, NRIs are taxed in only one country and exempted in another. In tax credit method, where the income is taxed in both countries, tax relief can be claimed in the country of residence.

6. Frequently Asked Questions

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Income Tax on EPF Withdrawal

Contribution towards an EPF account provides a benefit to individuals by way of a deduction under Section 80 C. Let’s discuss what would be the income tax or TDS implications of EPF withdrawal. Interestingly, EPF withdrawal is taxable under certain circumstances and exempt under certain circumstances. If…

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Tax Advisor view for TDS on Sale of Property

In July 2018, Shayna sold a property in Mumbai. Shayna is 26 years old and works as a freelancer consultant for Graphics Design. She did not know about payment of TDS on sale of Property at the time of sale. Also, even the buyer was unaware about the income tax provisions of TDS on sale of Property.

Let’s understand about the tax liability and payment of TDS when selling the Property. To make things little easier to understand, I have created these slides which explains all the provisions in detail:

Other Thing that you should know:

What is Form 26QB?

Form 26QB is the for that has to be filled by the buyer or his CA. It is basically a a return cum challan which has to be filed within 30 days of the next month (of the sale of property). If the buyer fails to deduct then he will get a notice for non-filing of Form 26QB

What exactly is Form 16B? 

Form 16B is a TDS certificate for TDS deducted on a successful sale of property or home. As soon as the buyer makes the payoff of TDS on behalf of the seller, a TDS certification gets generated after a short time of making the payment to the government. The purchaser can then obtain this certificate often known as Form 16B and provide to the seller as a testament to TDS submission. 

What are the Modes of Payment?

The payment of TDS can be done any of the following ways: 

  • On the web by means of the e-tax payment option.
  • On the web by means of net banking account of the buyer.
  • Physically going to any authorized bank branches 


Responsibilities of an individual Deducting TDS on Sale of Property or home 

There are specific fundamental duties explained below of person who is liable to deduct tax at source: 

  • To get Tax Deduction Account Number also known as TAN and quote the same in all the documents pertaining to TDS.
  • To deduct the tax at source at the appropriate rate.
  • To pay off the tax deducted by him or her at the source to the credit of the Government by filing Form 26QB on or before the due date.
  • To file the regular TDS returns.
  • To download and issue the TDS certificate or Form 16B to the payee in respect of tax deducted by him by the due date stipulated by law in this respect. 

Is TAN Mandatory for a Person Accountable for Deducting TDS? 

Yes, everybody responsible for TDS is required to obtain TAN. Tax deduction and Collection Account Number is a ten-digit alpha-numeric unique identification number allotted to the deductor and must be quoted in all communication of the deductor thereby. 
For those who don’t have TAN, the payment of tds is to be filed with the help of Form 26QB and then issuing a certificate for tax deduction under Form 16B. Form 26QB is available in the e-payment section of Tax Information Network (TIN ) of the Income Tax Department .

Frequently Asked Questions

What are the consequences a deductor would face if he fails to deduct TDS or after deducting the same fails to deposit it to the Government’s account?

A deductor would face the following consequences if he fails to deduct TDS or after deducting the same fails to deposit it to the credit of Central Government’s account:

Levy of interest: As per section 201 of the Income-tax Act, if a deductor fails to deduct tax at source or after the deducting the same fails to deposit it to the Government’s account then he shall be deemed to be an assesse -in-default and liable to pay simple interest as follows:

at 1% for every month or part of a month on the amount of such tax from the date on which such tax was deductible to the date on which such tax is deducted; and

at 1.5% for every month or part of a month on the amount of such tax from the date on which such tax was deducted to the date on which such tax is actually paid.

Levy of penalty: Penalty of an amount equal to tax not deducted or paid could be imposed under section 271C.

What if the payer does not deduct tax at source, will the payee face any adverse consequences by means of action taken by the Income-tax Department?

It is the duty and responsibility of the payer to deduct tax at source. If the payer fails to deduct tax at source, then the payee will not have to face any adverse consequences. However, in such a case, the payee will have to discharge his tax liability. Thus, failure of the payer to deduct tax at source will not relieve the payee from payment of tax on his income.

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2020 Tax Advisor view for TDS on Sale of Property

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NRI Taxation - House Property

This article is focussed on NRI Taxation - House Property. There is a good quantity of confusion concerning tax implication for NRIs that wish to sell any house property that they will have in India. This article explores what proportion tax is due and TDS deductible just in case of NRIs wish to sell their property. 

NRIs selling house property got to pay tax on the Capital Gains. The tax that's due on the profit depends on whether or not it’s a Short-Term or long-term capital gains.

When a house property is sold, after a period of 2 years (Reduced from 3 years to 2 years in Budget 2017) from the date it was owned – there is a long-term capital gain. In case it held for 2 years or less – there is a short-term capital gain.

Tax implications for NRIs also are applicable in the case of inheritance. Keep in mind the date of purchase of the initial owner to decide whether or not it’s a long-term or short-term financial gain. In such a case the value of the property shall be the value to the previous owner.

How much tax is payable?

Long-term capital gains are taxed at 20% and Short-Term gains shall be taxed at the applicable tax rates for the NRI.

TDS Deductible

When a NRI sells property, the buyer is liable to deduct TDS @ 20%. And in case the property has been sold before two years (reduced from the date of purchase) a TDS of 30% shall be applicable.

How to save tax on capital gains?

NRIs are allowed to claim exemptions underneath section 54 and Section 54EC on long-term capital gains from sale of house property in India.

Exemption underneath Section 54

It is obtainable once there's a long-term financial gain on sale of a house property of the NRI. The house property can be self-occupied or let-out. Please note – you don’t have to invest the complete sale receipt, only the amount of capital gains. Of course, your purchase price of the new property could be more than the amount of capital gains. However, your exemption shall be restricted to the overall financial gain on sale. Also, you'll be able to purchase this property either one year before the sale or two years once the sale of your property. You're additionally allowed to invest the gains in under-construction property, however construction should be completed inside three years from the date of sale.

From 2014-15, it's been held that ONLY one house property can be purchased or constructed from the capital gains to get this exemption. Additionally, beginning assessment year 2015-16 (or Financial Year 2014-15) it's obligatory that this new house property should be located in Republic of India. The exemption underneath section 54 shall not be obtainable for properties bought or made outside India. (Do keep in mind that this exemption is taken back if you sell this new property inside three years from the date of its purchase).

If you've NOT been able to invest your capital gains till the date of filing of return (usually 31st July – it got extended by one month this year) of the yr within which you've sold-out your property, you're allowed to deposit your gains in PSU bank or other banks as per the Capital Gains Account scheme, 1988. And in your return claim this as an exemption from your capital gains, then you don’t have to pay tax on it.

Exemption underneath section 54F

It is available when there's a long-term capital gain on the sale of any capital asset other than a residential house. To get this exemption, the NRI needs to purchase one house property, within one year before the date of transfer or two years after the date of transfer. In case of construction of property, it should be within three years from the date of transfer of the asset. This new house property should be located in Republic of India and should not be sold-out within three years of its purchase or construction.

Also, the NRI should not own more than one house property (besides the new house) and nor should the NRI purchase within a period of 2 years or construct within a period of 3 years any other residential house. Here the ENTIRE SALE receipts are required to be invested. If the entire sale receipts are invested, then the capital gains are fully exempt otherwise the exemption is allowed proportionately.

Exemption is additionally obtainable underneath Section 54 EC

You can also save the taxes on your long-term capital gains by investing them in certain bonds. Bonds issued by the National Highway Authority of India (NHAI) or Rural Electrification Corporation (REC) are specified for this purpose. These bonds are redeemable after three years and should not be sold-out before the lapse of three years from the date of sale of the house property. Note that you just cannot claim this investment underneath any other deduction. You're allowed a period of six months to invest in these bonds – (and make sure that you invest in them before the IT Return filing date). From 2015, you are allowed to invest a maximum of Rs fifty lakhs only in a financial year in these bonds.

The NRI should make these investments and show relevant proofs to the Buyer of property – to be certain that he does not deduct TDS on the capital gains. The NRI can also claim excess TDS paid at the time of return filing and claim a refund.

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NRI Taxation - House Property

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FAQs on Income from House Property

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Filing of Income Tax Return of Salaried Individual

Why select us for Filing of Income Tax Return of Salaried Individual?Error Free FilingExpert Assistance Guidance By Expert For Tax Planing Tax Saving AdviceRefund TrackingPrices Starting 999/- An Income Tax Return is a form(s) filed with a taxing authority that reports income, expenses and other pertinent tax…

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Taxation on crypto currencies in 2021

Regulations on cryptocurrencies are different in different countries across the globe. Even the trading process is regulated differently by the financial authorities of the various countries. In India, there is very little clarity about how to deal with crypto. India is still undecided on whether…

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Budget 2020 Highlights

Another Year - Another Budget and we are here with Budget 2020 Highlights for you. 

 

Individual / HUF / AOP / etc Rate Applicable
 Taxable Income upto Rs. 2.5 lakhs Nil
  INR 2,50,001 to INR 5,00,000 5%
  INR 5,00,001 to INR 10,00,000 20%
 More than INR 10,00,000 30%

You may have noticed the slabs given at the top of this page - yes, these still apply. Read on to find out how.

Our first impressions - the budget looked to continue with the structural reforms that have been getting announced in recent times, including easing of taxpayer compliances. So much so that they have introduced a new section 119A in the Income Tax Act, to notify a Taxpayer’s charter, which shall be adopted by the CBDT in some time.

However, we feel that the execution, especially of the idea of simplification of personal income tax - of reducing the deductions / exemptions and reducing the tax rates, could have been better. We shall cover the key highlights first, and then explain why we feel so.

Key Highlights:

  • Corporate tax cut in Sep 2019: As most readers would be aware by now, there was a structural change in September 2019, in the way corporations are taxed. The corporate tax rate for new companies in the manufacturing sector was slashed to 15%. This concessional rate is available for companies that start their activities on or before 31 March 2023. For the existing companies, the tax rate is 22%. This reduced rate will be applicable for companies that do not avail any other exemptions / deductions as specified. Such companies will also be exempted from the Minimum Alternate Tax provisions.

  • On similar lines, the tax rate applicable for co operative societies has been reduced to 22% to ensure that they have a tax burden at par with corporates.

  • There is a similar thought process attempted in the current budget, on the Personal Income Tax front - there are concessional tax rates available for assessees who are willing to forgo of some of the specified deductions *.

Below are the revised slabs applicable for assessees willing to 'opt in' for this regime.

Taxable Income Slab

Existing Tax Rates

New Tax Rates

0 - 2.5 Lakh

Exempt

Exempt

2.5 - 5 Lakh

5%

5%

5 - 7.5 Lakh

20%

10%

7.5 - 10 Lakh

20%

15%

10 - 12.5 Lakh

30%

20%

12.5 - 15 Lakh

30%

25%

Above 15 Lakh

30%

30%

* Assessees opting for this scheme will forgo below key items of focus of this article, amongst other items (Refer the footnote 1 for full list verbatim):

A. Deductions / Exemptions:

(1) Leave Travel Assistance (LTA) (Section 10(5));

(2) House Rent Allowance (HRA) (Section 10(13A));

(3) Any other receipts in the nature of reimbursements, other than perquisites (Section 10(14));

(4) Standard deduction of INR 1,500 per minor child whose income has been clubbed in the return (Section 10(32));

(5) Standard deduction from Salary income of INR 50,000 and a deduction of INR 2,500 pa from Salary income (subject to actuals) (Section 16);

(6) Deduction in respect of Interest paid on Housing Loan, taken for Self Occupied Property (or the additional allowable Self Occupied Property) (Section 24 (b) read with section 23(2));

(7) All Chapter VIA deductions (Sections 80A upto 80VV). This includes deductions like Life Insurance and Health Insurance premia, tax saver FDs and Mutual funds, PPF contributions by employee, Savings account interest deduction, deductions towards interest expense on loans availed for affordable housing as well as buying electric vehicles, etc.

(8) However, 80CCD(2) and 80JJAA deductions are still allowed - Employer contribution to NPS and Deduction in respect of employment of new employees.

 

B. Loss setoffs will need to be foregone - under the head “Income from house property” with any other head of income.

We shall cover some more analysis on this later on in the article.

  • Additional deduction towards interest paid on loan availed for buying affordable house has been extended upto 31 March 2021 (Section 80EEA) - of course, this applies only for assessees continuing under the existing tax regime.

  • Measures have been initiated to prefill the income tax return, including pre filling of donation related data, so that an individual who opts for the new regime would need no assistance from an expert to file his return and pay income tax.

  • Currently, businesses having turnover of more than INR 1 Crore are required to get their books of accounts audited by an accountant (section 44AB). This limit is now revised to INR 5 Crores. In order to boost less cash economy this limit is applicable only to businesses which carry out less than 5% of their business transactions in cash.

  • Dividend Distribution Tax has been removed, and the dividend will now be taxed in the hands of the recipient - important to note here, that till now, Dividend earned on Equity shares of Indian companies was tax free. Henceforth, this will be taxable as per the slab rates.

  • As a next step to faceless assessments, faceless appeals are being introduced to further improve transparency in the assessment proceedings and improve ease of compliance.

  • A simplified way of sms based filing for nil GST return is also in a pilot mode currently.

  • A system of cash reward is envisaged to incentivise customers to seek invoice.

  • Deposit insurance coverage is increased to INR 5 lakhs from current INR 1 lakh per depositor.

  • Government will also be looking to undertake some key divestments. This includes the balance stake in IDBI Bank via stock exchange and a part of its stake in LIC via the IPO route. Our own view (which may be different for others) is that ideally the government should not be looking to run businesses. They should be facilitators rather than running a business. This is another right step towards that ideal state, and it will also ensure more efficiency in day to day operations of these entities.

 

Apart from these, there are few other marquee announcements, which are worth a mention here:

  • There is an increased focus on use of solar energy which can be seen from some of the measures announced. The PM-KUSUM scheme is being expanded to provide 20 lakh farmers with pump sets linked to solar energy, to reduce their dependence on diesel and kerosene. In addition, a scheme to enable farmers to set up solar power generation capacity on their fallow / barren lands and to sell it to the grid would be operationalized.

  • Indian Railways will be setting up a large solar power capacity alongside the rail tracks, on the land owned by the railways.

  • Four station redevelopment projects and operation of 150 passenger trains would be done through PPP mode. The process of inviting private participation is underway. And more Tejas type trains will connect iconic tourist destinations.

  • It is proposed to provide an outlay of INR 8000 crore over a period of 5 years for the National Mission on Quantum Technologies and Applications.

 

Dissecting the structural changes to personal income tax regime:

Let us see 2 scenarios, where the assessee has an income of INR 16,00,000 (majorly salary income, to enable factoring in the Standard Deduction), and the availed deductions are as mentioned:

 

Scenario A: 

Assessee availing only 80C deductions, alongwith standard deduction:



Particulars

New regime

Existing regime

Income From multiple sources

1,600,000.00

1,600,000.00

Exempt Incomes

  

Petrol allowance

0.00

0.00

Food Coupons

0.00

0.00

Standard Deduction

0.00

50,000.00

Net taxable income

1,600,000.00

1,550,000.00

Income from House Property

0.00

0.00

Total Income

1,600,000.00

1,550,000.00

Deductions:

  

80C

0.00

-150,000.00

80D

0.00

0.00

80CCD(1B)

0.00

0.00

Gross Total Income

1,600,000.00

1,400,000.00

Tax on total income:

  

Upto 2,50,000

0.00

0.00

2,50,001 - 5,00,000

12,500.00

12,500.00

5,00,000 - 7,50,000

25,000.00

50,000.00

7,50,000 - 10,00,000

37,500.00

50,000.00

10,00,000 - 12,50,000

50,000.00

75,000.00

12,50,000 - 15,00,000

62,500.00

45,000.00

Beyond 15,00,000

30,000.00

0.00

Total Income tax

217,500.00

232,500.00

Cess

8,700.00

9,300.00

Total taxes payable

226,200.00

241,800.00

Net advantage / (disadvantage)

 

15,600.00



Scenario B: 

Assessee availing more deductions:

 

Particulars

New regime

Existing regime

Income From multiple sources

1,600,000.00

1,600,000.00

Exempt Incomes

  

Petrol allowance

0.00

0.00

Food Coupons

0.00

0.00

Standard Deduction

0.00

50,000.00

Net taxable income

1,600,000.00

1,550,000.00

Income from House Property

0.00

-200,000.00

Total Income

1,600,000.00

1,350,000.00

Deductions:

  

80C

0.00

-150,000.00

80D

0.00

-50,000.00

80CCD(1B)

0

-50000

Gross Total Income

1,600,000.00

1,100,000.00

Tax on total income:

  

Upto 2,50,000

0.00

0.00

2,50,001 - 5,00,000

12,500.00

12,500.00

5,00,000 - 7,50,000

25,000.00

50,000.00

7,50,000 - 10,00,000

37,500.00

50,000.00

10,00,000 - 12,50,000

50,000.00

30,000.00

12,50,000 - 15,00,000

62,500.00

0.00

Beyond 15,00,000

30,000.00

0.00

Total Income tax

217,500.00

142,500.00

Cess

8,700.00

5,700.00

Total taxes payable

226,200.00

148,200.00

Net advantage / (disadvantage)

 

-78,000.00

 

This shows that in some of the instances, where assessees are claiming lesser deductions, they will have an advantage in the form of tax savings. Else, this new regime is expected to increase the tax liability substantially. However, it is worth noting that this is currently an optional scheme. The assessees not having business income, can make a selection every year. And those having business income, can make the selection only once, and it shall apply for all subsequent years.

 

Also, as mentioned by the honorable Finance Minister during her ensuing press conference, it is aimed that gradually they will be moving towards this new regime, with lower income tax rates and lower deductions - again in line with simplification of Corporate taxation. There is a high probability of having only 1  option some years from now - of less deductions and less taxes.

 

Due to these factors, we feel that this particular reform, could have been implemented in a better way. Its intent is clear - to reduce complexity in filing tax returns, however it is not incentivising enough, or at the risk of stating the obvious - disincentivizing for an average taxpayer to adopt this scheme, since more often than not, it may end up increasing the tax burden.

 

Economic performance:

Lastly, but importantly, the fiscal deficit for FY 2019-20 is revised upwards to 3.8% as against an estimate of 3.3%. This deviation has been taken to accommodate the “structural reforms in the economy with unanticipated fiscal implications” as defined in the FRBM Act - which is nothing but the reforms on corporate and to an extent, personal income tax front.

A return path for fiscal consolidation has been laid out already - including the divestment targets and also partly by achieving a targeted nominal GDP growth rate of 10%. It is important to note here, that Nominal GDP is different from real GDP numbers that are usually seen in the macro data. Real GDP is nothing but Nominal GDP, after eliminating the inflation effect.

 

Conclusion:

We largely see this budget as a continuation of the intent of the government towards modernising and digitising the economy, and improving the ease of compliances. However, certain aspects of the implementation, like the reform on personal income tax, could have been better. Also, we would like to see some more aggressiveness on the divestment part, and further modernising the railways.

 

For any queries/feedback/suggestions, feel free to reach out to us at mitesh@mnpartners.in.

If you wish to avail any of our services, you can view Our Services.

 

Footnotes:
  1. The total income of the individual or Hindu undivided family shall be computed,—

(i) without any exemption or deduction under the provisions of clause (5) or clause (13A) or prescribed under clause (14) (other than those as may be prescribed for this purpose) or clause (17) or clause (32), of section 10 or section 10AA or section 16 or clause (b) of section 24 (in respect of the property referred to in sub-section (2) of section 23) or clause (iia) of sub-section (1) of section 32 or section 32AD or section 33AB or section 33ABA or sub-clause (ii) or sub-clause (iia) or sub-clause (iii), of sub-section (1) or sub-section (2AA), of section 35 or section 35AD or section 35CCC or clause (iia) of section 57 or under any of the provisions of Chapter VI-A other than the provisions of sub-section (2) of section 80CCD or section 80JJAA;

(ii) without set off of any loss,— (a) carried forward or depreciation from any earlier assessment year, if such loss or depreciation is attributable to any of the deductions referred to in clause (i); (b) under the head “Income from house property” with any other head of income;

(iii) by claiming the depreciation, if any, under any provision of section 32, except clause (iia) of sub-section (1) of the said section, determined in such manner as may be prescribed; and

(iv) without any exemption or deduction for allowances or perquisite, by whatever name called, provided under any other law for the time being in force.

 

Heads of Income

Income is classified under five Heads of Income in the Indian Income Tax Act. Under chapter 4 of Income Tax Act, 1961 (Section 14), income of a person is calculated under various defined heads of income. The total income is first assessed under heads of income and then it is charged for Income Tax as under rules of Income Tax Act. According to Section 14 of Income Tax Act, 1961 there are following heads of income under which total income of a person is calculated:

  1. Income From Salary
  2. Income From House Property
  3. Income From Capital Gain
  4. Income From Business/ Profession
  5. Income From Other Sources
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Income from Salary

What is Salary:

Income under heads of salary is defined as remuneration received by an individual for services rendered by him to undertake a contract whether it is expressed or implied.

According to Income Tax Act there are following conditions where all such remuneration are chargeable to income tax:

  • When due from the former employer or present employer in the previous year, whether paid or not
  • When paid or allowed in the previous year, by or on behalf of a former employer or present employer, though not due or before it becomes
  • When arrears of salary is paid in the previous year by or on behalf of a former employer or present employer, if not charged to tax in the period to which it

What Income Comes Under Head of Salary:

Under section 17 of the Income Tax Act, 1961 there are following incomes which comes under head of salary:

  • Salary (including advance salary)
  • Wages
  • Fees
  • Commissions
  • Pensions
  • Annuity
  • Perquisite
  • Gratuity
  • Annual Bonus
  • Income From Provident Fund
  • Leave Encashment
  • Allowance
  • Awards

The aggregate of the above incomes, after exemptions available, is known as Gross Salary and this is charged under the head income from salary.

Basic salary along with commissions and bonuses is fully taxable.

Allowances :

An allowance is a fixed monetary amount paid by the employer to the employee for expenses related to office work. Allowances are generally included in the salary and taxed unless there are exemptions available.

The following allowances are fully taxable : dearness allowance, city compensatory allowance, overtime allowance, servant allowance and lunch allowance.

Form 16

The employer will give the employee Form 16 which will contain all the earnings, deductions and exemptions available.

Particulars
Amount

Basic Salary

Add:

1. Fees, Commission and Bonus

2. Allowances

3. Perquisites

4. Retirement Benefits

5. Fees, Commission and Bonus

Gross Salary

Less: Deductions from Salary

1. Allowance u/s 16

2. Professional Tax u/s 16

Net Salary

Quick Note about the difference between Exemption and deduction?

If an income is exempt from tax, then it is not included in the computation of income. However, the deduction is given from income chargeable to tax. Section 80 C to 80 U deals with deduction.

Exempt income will never exceed the amount of income. However, the deduct may be less than or equal to or more than the amount of income. Section 10 deals with exemptions.


Income From House Property

 According to Chapter 4, Section 22 - 27 of Income Tax Act, 1961 there is a provision of income under head of house property. In every section from 22-27 there are detail specification of house property income. It is defined as income earned by a person through his house or land.

 

What Income Comes Under Head of House Property:

Annual value of building or land owned by assessee. There is a charge on the potential of property to generate income not on the rent received. But if property is used for making profit in business then it will be taxable not under this head but will be taxable under head of profit in business/ profession. The building can be house, office building, go downs etc.

Points to be remembered

Assessee should be Owner of the Property

Should be not be used for Business or Profession by the assessee In case of dispute regarding title

Any residential or commercial property that you own will be taxed as well. Even if your piece of real estate is not let out, it will be considered earning rental income and you will need to pay tax on it. The income tax blokes are a bit easy going on this – they tax you on the capacity of the real estate to earn income and not the actual rent. This is called the property’s Annual Value and is the higher of the fair rental value, rent received or municipal rent.

Fair Rent – The rent which a similar property will fetch at the same or nearby similar locality Municipal Rent – The value fixed by municipal or local authority

Fair Rent or Municipal Rent whichever is higher taken into consideration Standard Rent – Rent which a owner can claim maximum from his tenant Actual Rent – Rent for which property has been let out.

Standard Rent or Actual Rent whichever is lesser is taken into Consideration

The Annual Value can go through a standard deduction of 30% and if you reduce the interest on borrowed capital, then you get the value which is charged under the head income from house property.

 

Income From Business / Profession

 Income earned through your profession or business is charged under the head “profits and gains of business or profession”. The income chargeable to tax is the difference between the credits received on running the business and expenses incurred.

According to Income Tax Act, 1961 income under this head is defined as the income earned by assessee as a profit or gain in his business or profession. Income under this head must follow these conditions:

  • There must be a business/ profession
  • Business/ profession is being carried by assessee
  • Business/ profession have been carried out by assessee in assessment year for which income tax is filling

What Income Comes Under Head of Profit in Business

 

  • Profits and gains of assessee from any business or profession during assessment year
  • Any payment or compensation due or received by a person for his services to organization as a part of his business
  • Making profit in trade Income of professional or organization against services provided by that professional/organization
  • Profits on sale of a license granted under the Imports (Control) Order, 1955, (EXIM control Act, 1947)
  • Cash received or due by any person against exports under government schemes
  • Any benefit whether it is not in cash coming from business/ profession
  • Any profit, salary, bonus or commission received by company partners

 

Income from Capital Gain

 What is Capital Gain:

According to Income Tax Act,1961 heads of capital gain is defined as gains derived on transfer of capital asset. Capital Gain is the profit or gain of an assessee coming from the transfer of a capital asset effected during the previous year or assessment year. "Capital Asset" and transfer are predefined in income tax act.

What is Capital Asset:

Under section 2(14) of the Income Tax Act,1961 Capital Asset is defined as property of any kind held by assesse including property held for his business or profession. It includes all type real property as well as all rights in property. It is also defined as gains on transfer of assets in which there in no cost of acquisition like:

  • Goodwill of business generated by assessee
  • Tenacy rights
  • Stage carriage permits
  • Loom hours
  • Right to manufacture
  • Processing & production of any article or things

 

Assets Which Don't Come Under Heads of Capital Assets

 According to Income Tax Act,1961 there are few assets which don't form a part of Capital Assets, which are as follows:

  • Stock of goods and raw materials used by assessee for his business or profession
  • Those properties which are movable like wearing apparel, furniture, automobile, phone, household goods etc. Held by assessee. But Jewelry which is also an movable assets comes under heads of Capital Assets
  • Few Gold Bonds issued by government
  • Few special bonds issued by central government like Special Bearer Bonds, 1991

 

Income from other Sources

 Every type of income comes under a specified heads. But there are few incomes, which don't come under any of following heads:

  • Salary
  • House Property
  • Profit In Business/ Profession
  • Capital Gains

Any income that does not fall under the four heads above is taxed under the head “ Income From Other Sources”.

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CA for Cryptocurrency Taxation

We are CA for Cryptocurrency Taxation located in the heart of Mumbai. We have handled dozen's of client with myriad complexities on Cryptocurrency Taxation. No matter what crypto coin you are trading in - Be it Bitcoin, Ethereum, Litecoin, Zcash, Dash, Ripple etc, we can help you navigate the regulatory path with it.

 

Crypto investors and traders have been plagued by regulatory uncertainty in India. As the Indian Government authorities continue to struggle in fundamentally differentiating. Bitcoin from Blockchain, the subcontinent's economy is positioned to lose out on, what is possibly, the century's biggest revolution.

Having added to the fear, uncertainty and doubt, is the ring-fencing notification issued by the RBI, restricting banking access to Indian crypto exchanges. Despite the speed-bump, believers of the Blockchain technology remain undeterred, thanks to which trading volumes have picked up on the Indian exchanges.

Although there isn’t any clarity in tax legislation, the Indian Revenue Authorities are breathing down the necks of crypto traders. It is, therefore, imperative to accurately compute and report any income from cryptocurrencies.

Lets understand some basic fundamentals in this area

1. What is bitcoin?

Bitcoin is one of the earliest forms of cryptocurrency, forming part of the worldwide peer-to-peer payment system.  Cryptocurrency is digital money. It is considered to be more secure that the real money. Cryptocurrency uses something called cryptography to secure its transactions. Cryptography, to put it in simple words is a method of converting comprehensible data into complicated codes which are tough to crack. Cryptocurrencies are classified as a subset of digital currencies, alternative currencies and virtual currencies. Bitcoin was the first ever cryptocurrency created in the year 2009. Subsequently, there has been a rapid increase in the number of cryptocurrencies that have been created some of which are Litecoin, Ethereum, Zcash, Dash, Ripple etc. Bitcoins, in India, have slowly started gaining popularity, given the efforts of the government to move towards a cashless economy. However, one should know that bitcoins, as of today, are not centrally administered or regulated by any specific body like the RBI which administers physical currency in India. In fact, peer-to-peer transactions with bitcoins are managed using something known as the blockchain technology which serves as a public ledger for all transactions.

2. Where does bitcoin come from or how is it generated?

One can obtain bitcoins either by :
  • Mining

Mining is an activity where an individual (called the “miner”) uses his computer prowess to crack computationally difficult puzzles. The process of cracking such puzzles which are integral to the blockchain technology, help in maintaining them. As a reward for this, the miner gets new bitcoins which is nothing but creation of a bitcoin or mining.
  • Purchasing them from a bitcoin exchange against real currency

Everyone cannot be a bitcoin miner. Hence, you can consider buying bitcoins from bitcoin exchanges and store them in an online bitcoin wallet in digital form. Unicorn, Bitxoxo, Zebpay, Coinbase etc., are some of the bitcoin exchanges presently in India. Such bitcoins would be purchased in consideration for real currency. It would be interesting to note that currently, the value of 1 bitcoin is approximately about INR 3,61,610.
  • Receiving bitcoins in consideration of selling goods and services

Though this may not be a common phenomenon in India currently, there are few savvy businessmen who accept bitcoins (instead of real currency) on sale of goods or services, they deal in.

3. Is bitcoin legal in India?

As earlier discussed, bitcoin, as a medium of payment, has neither been authorized nor been regulated by any central authority in India. Further, no set rules, regulations or guidelines have been laid down for resolving disputes that could arise while dealing with bitcoins. Hence, bitcoin transactions come with their own set of risks. However, given this background, one cannot conclude that bitcoins are illegal as, so far, there has been no ban on bitcoins in India. The Supreme Court of India has in its ruling pronounced on 25 February 2019 required the Government to come up with Cryptocurrency regulation policies. The matter had been adjourned in the hearing on 29 March 2019 and has been rescheduled for hearing in the second week of July 2019.

4. How are bitcoins taxed in India?

The concept of bitcoins being quite new to the Indian market, apparently the government has not yet brought taxability of bitcoins into the statute books. At the same time, the levy of tax on bitcoins cannot be ruled out because the Indian income tax laws have always sought to tax income received irrespective of the form in which it is received. Therefore, the possibility of tax on bitcoins can be looked at under the following circumstances:

Scenario A : Bitcoin Mining

Bitcoins created by mining are self-generated capital assets. Subsequent sale of such bitcoins would, in the ordinary course, give rise to capital gains. However, one may note that the cost of acquisition of a bitcoin cannot be determined as it is a self-generated asset. Furthermore, it does not fall under the provisions of Section 55 of the Income-tax Act, 1961 which specifically defines the cost of acquisition of certain self-generated assets. Therefore, the capital gains computation mechanism fails following the Supreme Court decision in the case of B.C.Srinivasa Shetty. Hence, no capital gains tax would arise on the mining of bitcoins. This position would hold till such time the government thinks of coming up with an amendment to Section 55 of the Act. At this juncture, given that the Indian tax laws are silent on the taxability of bitcoins completely, we thought it right to comment on a probable contrary view by the income tax authorities. There is a possibility that the department may not consider bitcoins as capital assets at all. Hence, the provisions of capital gains would not apply at all. Accordingly, the income tax authorities may choose to tax the value of bitcoins received from mining under the head “Income from other sources”  

Scenario B: Bitcoins held as an investment being transferred in exchange for real currency

If bitcoins, which are capital assets, have been held as an investment and are transferred in exchange for real currency, the appreciation in value would give rise to a long term capital gain or a short term capital gain depending on the period of holding of the bitcoin. Further, long term gains would be taxed at a flat rate of 20% while short term gains would be taxed at the individual slab rate. The cost of acquisition for arriving at long term capital gains will be determined after giving the benefit of indexation. A simple example is given below to understand this :
 
ParticularsValue in INR (Only hypothetical)
No. of bitcoins purchased10
INR equivalent of 1 bitcoin at the time of purchase2.72
Value of bitcoins (A)27.2
INR equivalent of 1 bitcoin on the date of transfer8.72
Value of bitcoins (B)87.2
Capital gains (B - A)60.00
Reiterating the probable contrary view of the income tax authorities discussed under Point 1 above, the IT authorities may not consider Bitcoins as a capital asset and hence the provisions of capital gains would not apply. Accordingly, the income tax authorities may choose to tax the gains from bitcoins under the head “Income from other sources”. Further, if the income gets taxed under “Income from other sources”, the taxpayer would have to pay taxes at a rate as applicable to the tax slab he falls under. For eg, if his taxable income exceeds Rs 10 lakh, he would be liable to a tax @ 30% as against the flat rate of tax of 20% he would be liable to pay if charged to tax under long-term capital gains. The benefit of indexation as would be available if taxed under capital gains, would also not be available if taxed under Income from other sources.

Scenario C: Bitcoins held as stock-in-trade being transferred in exchange for real currency

The income arising out of bitcoins trading activity would give rise to income from business and accordingly, the profits arising out of such business would be subject to tax as per the individual slab rates.

Scenario D: Bitcoins being received as consideration on sale of goods and services

Bitcoins being received so shall be treated on par with receipt of money. It would constitute income in the hands of the recipient. Further, since the recipient received this income out of a business or profession, he would be taxed, normally, under the head profits or gains from business or profession. As regards the disclosure requirement of bitcoins in the income tax return forms, there continues to be a lack of clarity. In the budget 2018, our Finance Minister, Mr Arun Jaitley, has stated in the budget speech, “112. Distributed ledger system or the blockchain technology allows the organisation of any chain of records or transactions without the need for intermediaries. The Government does not consider crypto-currencies legal tender or coin and will take all measures to eliminate use of these crypto assets in financing illegitimate activities or as part of the payment system. The Government will explore use of blockchain technology proactively for ushering in digital economy.”Further, the Central Bank also has chosen to reinforce its earlier message to “users, holders and traders of Virtual Currencies (“VCs”) including bitcoins regarding the potential economic, financial, operational, legal, customer protection and security related risks associated in dealing with such VCs.” Therefore, considering that bitcoin transactions are gradually picking up in India, while, laws regulating them are significantly absent, we are hopeful that the government will come up with a notification soon to dispel the ambiguity around the legality of bitcoins, their taxability and disclosure requirement of bitcoins. While this article aims at discussing the taxability of Bitcoins only, the tax treatment on transacting with other cryptocurrencies would also be similar to that in the case of Bitcoins.  
 
CA for Cryptocurrency Taxation | Bitcoin Taxation | Ethereum Taxation